APPEALS PROCESS FIRST STEPS.

Mark,

Although i agree with alot of what you have stated, i think the problem here is not knowing why you were not put in the Support Group, rather than knowing why you were put in WRAG.

As i stated earlier that this information can form the first basis of your appeal. Hope this makes sense, as when i contacted DWP that is what i questioned, and that is what you rightfully stated is what i will be focussing on. However,it does help the claimants appeal if one knows exactly what they are appealing against.

Radhika.

Mark,

Make sure you have got your GL24 within the time limit.
Remember that you can ask for anything you want once your appeal has been lodged and pleases remember even if you had verdal conversations follow them up in writting so that you will have invaluable proof should your case go to tribunal.

Radhika.

Hi Redhika,

re-your post below......

Mark,

Although i agree with alot of what you have stated, i think the problem here is not knowing why you were not put in the Support Group, rather than knowing why you were put in WRAG.

"As i stated earlier that this information can form the first basis of your appeal. Hope this makes sense, as when i contacted DWP that is what i questioned, and that is what you rightfully stated is what i will be focussing on. However,it does help the claimants appeal if one knows exactly what they are appealing against".....ENDS

Would you just send a normal letter to the DWP asking for the reason why you failed to get in the support group??. Or would you have to use one of the ESA series??.

thanks in antipation A.

Hi Article,

As my husband did not have a medical i will be requesting ESA85A and ALL other information and statement of reasons that the DM used in making a WRAG decision.

Furthermore, as i have already requested this info on two occasions by phone and to date have recieved nothing, i will be sending cc to the DM's manager with a covering letter of my disatisfaction in the way that my request has been handled.

Hope this helps.

Regards Radhika.

Hi All,

Thank you to Gordon and those members who replied to my earlier post (you know who you are). Your advice is greatly appreciated as I'm trying to do all this pretty much on my own.

Overall, with regard to no-medical WRAG placements, the impression I'm getting is that the IB-to-ESA administration is proving almost as big a headache to DWP as it is to claimants (said with a generous portion of salt!). For this reason, I'm now convinced that 'some' DMs are simply rubber-stamping no-medical WRAG recommendations from Atos and moving swiftly on to the next case.

What I'm also picking up from these posts is not to fret too much about getting 'written explanations' about why I wasn't put into SG and just get on and put my GL24 in before the deadline. It seems that the replies from DWP about 'reasons' aren't very helpful anyway.

So, my personal plan of action is to do the following:-

1. Get the GL24 completed and sent in, highlighting that I didn't get a medical assessment, and concentrating on those descriptors that should have qualified me for SG. I will state that I am willing to abide by the regulations for ESA, but that my mental condition makes it extremely difficult to comply with these if placed in WRAG. Also will state (honestly) that attempting to comply with these requirements by taking part in WRAG 'activities' is likely to result in a deterioration of my condition.

2. Send a written request to DWP for reasons why I wasn't placed in SG.

3. See my GP and broach the subject of a supporting letter (seeing him next week, which leaves about 3-weeks till deadline).

Can anyone see anything wrong with this plan or suggest a better approach?

I think the part about WRAG 'activities' being detrimental to my health is a powerful and valid point, as no reasonable person would voluntarily do anything to make their condition worse than it is already. By the same token, I feel it is unreasonable for the DWP to oblige claimants to take part in activities that will damage their health - but what do others think???

Many thanks for replies!

Biffer

what you plan to do sounds exactly right, but then again i would say that because that was my plan too

i was supposed to have my first WFI today & i called yesterday & asked if i could have it over the telephone instead. the lady called me today & was wonderfull. she knows me from my previous incapacity claim. she said that she cant believe im not in the support group & agreed that doing any work-related activity would be difficult due to my mental condition. (bipolar & bpd) nevermind my me/cfs also. i explained that i thought i would be covered at least by the exceptional circumstances rule;
"you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity."
if not by at least 3 of the support group descriptors. she advised me to leave it with her & she would see what she could do. i must admit i burst into tears, i think it was just someone understanding. i wont hold my breath that she will be able to change the DMs decision but you never know.
so as like you im going to approch my gp & psychiatrist next & write again to DWP for reasons why i wasnt placed in SG instead of trying to get them to explain why i was placed in WRAG, thats really irrelevant i think now. best to just concentrate on why i didnt make SG & put the burdon of proof on them.

best of luck

martin