Appealing ESA from WRAG to Support Group

I will try to keep this as short as possible. I have been on DLA and Income Support for the last 5 years for PTSD (I was sexually abused as a child for many years by a member of my family), severe depression and anxiety which is so bad I am unable to leave the house. Over the last 3 years I have developed a lot of mobility problems as well due to my pelvis breaking and not repairing when I was pregnant with my daughter. I had to renew my DLA claim this year, I mentioned my limited mobility in my claim but they awarded me with the same rates as before (high rate for care and low rate for mobility) which I was happy with as I worried I would have it taken away from me due to all the scare stories I've heard in the news over DLA claims.

I was then issued a letter stating my Income Support was going to be changed to ESA and I would receive a claim form in the post. I received this, filled it in stating my mental health problems as well as the limited mobility, how it effects me in daily life and sent it back. Sadly I did not know about this site before I filled it in. Last week I received a letter saying that I was being placed in the WRAG and would need to attend a medical assessment as well. After discussing this with my mother she insisted that I should be in the support group as I am unable to mentally and physically work for the foreseeable future. My GP who I have been seeing for the past 8 years regarding my illness filled in my statement section of the DLA claim said herself that she cannot see me being able to work either for the timebeing.

My mum has looked into how to appeal the decision of the WRAG and we have got an appointment to see someone from the Welfare Rights next week to help us with this appeal. Any advice from here would be greatly appreciated.

Jo wrote: I will try to keep this as short as possible. I have been on DLA and Income Support for the last 5 years for PTSD (I was sexually abused as a child for many years by a member of my family), severe depression and anxiety which is so bad I am unable to leave the house. Over the last 3 years I have developed a lot of mobility problems as well due to my pelvis breaking and not repairing when I was pregnant with my daughter. I had to renew my DLA claim this year, I mentioned my limited mobility in my claim but they awarded me with the same rates as before (high rate for care and low rate for mobility) which I was happy with as I worried I would have it taken away from me due to all the scare stories I've heard in the news over DLA claims.

I was then issued a letter stating my Income Support was going to be changed to ESA and I would receive a claim form in the post. I received this, filled it in stating my mental health problems as well as the limited mobility, how it effects me in daily life and sent it back. Sadly I did not know about this site before I filled it in. Last week I received a letter saying that I was being placed in the WRAG and would need to attend a medical assessment as well. After discussing this with my mother she insisted that I should be in the support group as I am unable to mentally and physically work for the foreseeable future. My GP who I have been seeing for the past 8 years regarding my illness filled in my statement section of the DLA claim said herself that she cannot see me being able to work either for the timebeing.

My mum has looked into how to appeal the decision of the WRAG and we have got an appointment to see someone from the Welfare Rights next week to help us with this appeal. Any advice from here would be greatly appreciated.

Hi J,

Welcome to Benefits and Work

As a starting point, it may be best to review our :

ESA Claims Guides

There is also an ESA Appeals Guide on the above page.

I don't know whether you received and filled in the "old" ESA50 03/11, or the "new" ESA50 01/2013, but you should refer to whichever guides are applicable to the ESA50.

You can also have a look at : Qualifying for the Support Group

From our : ESA FAQ’s

Being classed as unfit for work, in that you have Limited Capability for Work, (LCW) only places you in The WRAG.

To gain entry to the SG, you must be classed as unfit to take part in Work Related Activity also, in that you have Limited Capability for Work Related Activity. (LCWRA)

This is explained in the guides that I have provided links to.

You have one month from the date of The WRAG award notice letter to appeal, you can do this by downloading the GL24 form from the link on this page :

How to submit an appeal

There is some risk involved :

Is there any risk to challenging a decision? , Therefore it may be advisable to get the Welfare Advice service to risk assess your current award of WRAG.

See also :

How long do I have to appeal?

Do I have to attend WFIs while I appeal?

&

What will I be paid while I appeal?

From our :

Appeals FAQ’s

You may also find this document helpful :

Disability Rights UK Factsheet - Appeals and reconsiderations

You might wish to Bookmark/Favourite this page for ease of future access. You can then return to it and reply to the topic if you have any further queries.

bro58

Thanks for all the links, they've been very helpful.

My parents went into the job centre today to ask for any information on the support group, they were given a letter with the descriptors and she said that to qualify for the support group then at least 3 of the decriptors would need to apply to me.

I have the appointment with the Welfare Rights officer on Tuesday so I hope that it will make more sense after we speak to them about my situation and see what my options are.

Jo wrote: Thanks for all the links, they've been very helpful.

My parents went into the job centre today to ask for any information on the support group, they were given a letter with the descriptors and she said that to qualify for the support group then at least 3 of the decriptors would need to apply to me.

I have the appointment with the Welfare Rights officer on Tuesday so I hope that it will make more sense after we speak to them about my situation and see what my options are.

Hi J,

I am afraid that you have been misinformed.

To qualify for The SG, you only have to fulfill any "One" of the SG Descriptors in Schedule 3 :

SG (LCWRA)Schedule 3 Descriptors

And/Or you can qualify for the SG under Exceptional Circumstances Rules, ESA Reg 35 :

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

Good luck on Tuesday, please keep us updated.

bro58

I am quite concerned of being misinformed of things in order to confuse me or put me off appealing that is where I am hoping the Welfare Rights officer will help me tomorrow by giving me the correct information. It is just a very stressful time right now. My anxiety and depression is being greatly aggravated over all this. I have found these guides very helpful though and it is very much appreciated with all the help you are giving me bro58.

Jo wrote: I am quite concerned of being misinformed of things in order to confuse me or put me off appealing that is where I am hoping the Welfare Rights officer will help me tomorrow by giving me the correct information. It is just a very stressful time right now. My anxiety and depression is being greatly aggravated over all this. I have found these guides very helpful though and it is very much appreciated with all the help you are giving me bro58.

Hi J,

This misinformation is occurring all too often, especially when members ring up the number on any ESA letters where they are talking to DWP Call Responders in a Call Centre.

If one has any doubts regarding information being given out as above, they should insist on a call back and/or an escalation to someone who works in The BDC dealing with their ESA claim.

Where at all possible create a paper trail, and request written confirmation.

I hope you gain further clarity from The Welfare Rights tomorrow.

bro58