- Posts: 57
WRAG
- bro58
Rose Hip wrote: He there,
Me too. I'm in the exact same position and received the news today. I am going to write to get this 'written statement of reasons' and would like to know how quickly I'm supposed to do this please?
Like the above person, I too feel I gave comprehensive information on the ESA 50 which has not been considered properly.
Is it best to try to get a representative from a group to assist with the appeal process?
Thanks
Hi,
It is highly unlikely that there will be a Written Statement of Reasons.
You could request all ESA documentation used in coming to The WRAG decision.
There will definitely be an ESA85A and an LT54, see :
ESA medical – what forms to ask for?
ESA Forms
You can request this documentation by issuing a SAR, although if you intend to appeal, you should not miss your one month deadline to do so, if the documents have not arrived.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
You can state in The GL24 Form that you have issued a SAR for said documentation, and will provide further information when you have received them.
It may be the case that you do not have to provide any further information, and you could simply draw the reviewing DM's attention to information you have already provided.
Remember, the important issue is to show how and why your limitations fulfill at least one of the SG Descriptors, and/or you may suffer "Substantial Risk"
See : SG (LCWRA) Descriptors
ESA Reg 35 for entry to The SG (LCWRA)
Qualifying for the Support Group
See also :
Work Focussed Interviews
Work Programme
Changes to ESA Sanctions
12 Month Limit for ESA(CB)
From our : ESA FAQ’s
And :
What will I be paid while I appeal?
Is there any risk to challenging a decision?
How to submit an appeal
How long do I have to appeal?
Do I have to attend WFIs while I appeal?
From our : Appeals FAQ’s
You may also find these helpful :
Disability Rights UK Factsheet - Appeals and reconsiderations
DM Guide LCW & LCWRA
Sending Documents to the DWP or ATOS
You can try and obtain representation from one of the potential sources below, however this has now become most difficult, as legal aid is being withdrawn for First Tier Tribunal Appeals :
Where to get advice?
bro58
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- Ms Lorraine Kay
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- Ms Lorraine Kay
I have never been sent for any medical. I only filled in the ESA50 and requested a home visit for any assessment. My GP told me he would lend his support. then came the form telling me I'm in the WRAG group and will get contribution-based ESA for 12months. I've had no interview at all.
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- bro58
Rose Hip wrote: Oh heck, what a lot to take in.
I have never been sent for any medical. I only filled in the ESA50 and requested a home visit for any assessment. My GP told me he would lend his support. then came the form telling me I'm in the WRAG group and will get contribution-based ESA for 12months. I've had no interview at all.
Hi,
I do not expect you to take it all in at once.
However, you have access to nearly all the information that you will need on one post, and can even hit the "Favourite" button which will bookmark it for you for future reference.
Even though you have not had a face to face assessment, you have had a Paper Assessment, and there will have been an ESA85A Medical Report generated by The ATOS HCP.
May I suggest that you take the time to read through the information provided, and make queries, if and when they pop up.
Your response indicates to me that you have very limited knowledge of The ESA WCA process.
We will try to help as much as we can.
bro58
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- P
- Topic Author
- Offline
Just one more question I was told by the Atos help line that my claim was being delt with by Henly job centre in stoke on trent but when I got my letter this morning the heading was Birmingham job centre. When I telephone and asked for the reasons for the decission they confirmed that it was being delt with my Henly. On my letter it says return to Birmingham.
Would I be right in assuming that I retun it to the Birmingham address and they will forward it on or should I check this further.
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- Ms Lorraine Kay
Is that not worth doing then?
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