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WRAG to Support Group with Regs 29 and 35

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12 years 6 days ago #82985 by mermaid
I had 2 brown envelopes on Saturday - the result of my reconsideration put in a couple of months back. To my utter amazement I won it on the grounds of Exceptional Circumstances Regs 29 and 35.

Well they don't tell me that, but since I never said that I met any of the descriptors, and I did my revision/reconsideration on the basis of the Regs, then I have to assume those were the grounds they used for the new decision.

Special thanks to B & W and help given, especially to Bro58 who pointed out some useful wording for me when my medical notes came in time, and the prognosis was not to be fit 'in the longer term', and what that meant in their terms in the WCA Handbook. I was able to use that as part of my argument.

Considering I have not been medically assessed in person since 2010 (last 2 were done on paperwork only), I feel that I have been very very lucky. I have always used your guides and followed advice given though I must admit I chickened out over the appeal and just went for the revision.
Oh and by the way... all in the nick of time as I was about to lose it under the cuts at the end of April.

Just one question - should I ring to ask for relevant paperwork on this decision? Would they pass over reasoning for it, or isn't that recorded or given out?

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  • bro58
12 years 6 days ago #82991 by bro58
mermaid wrote:

I had 2 brown envelopes on Saturday - the result of my reconsideration put in a couple of months back. To my utter amazement I won it on the grounds of Exceptional Circumstances Regs 29 and 35.

Well they don't tell me that, but since I never said that I met any of the descriptors, and I did my revision/reconsideration on the basis of the Regs, then I have to assume those were the grounds they used for the new decision.

Special thanks to B & W and help given, especially to Bro58 who pointed out some useful wording for me when my medical notes came in time, and the prognosis was not to be fit 'in the longer term', and what that meant in their terms in the WCA Handbook. I was able to use that as part of my argument.

Considering I have not been medically assessed in person since 2010 (last 2 were done on paperwork only), I feel that I have been very very lucky. I have always used your guides and followed advice given though I must admit I chickened out over the appeal and just went for the revision.
Oh and by the way... all in the nick of time as I was about to lose it under the cuts at the end of April.

Just one question - should I ring to ask for relevant paperwork on this decision? Would they pass over reasoning for it, or isn't that recorded or given out?


Hi MM,

Thanks for letting us know. :)

ESA regulation 29, gives a claimant entry to the WRAG,)(LCW) see here :

www.legislation.gov.uk/uksi/2008/794/regulation/29/made

ESA Regulation 35 gives entry to the SG(LCWRA) see here :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

As you seem to have had the adverse decision changed on reconsideration, there should be an LT54 form, completed by the reviewing DM.

See : ESA medical – what forms to ask for?

&

ESA Forms


Cheers. :)

bro58

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12 years 6 days ago - 12 years 6 days ago #82997 by mermaid
Replied by mermaid on topic Re:WRAG to Support Group with Regs 29 and 35
Thank you Bro I will ask them for the LT54 then.
Last edit: 12 years 6 days ago by slugsta.

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  • Katypage
11 years 11 months ago #83724 by Katypage
Replied by Katypage on topic Re: WRAG to Support Group with Regs 29 and 35
Hi, I've got to do the same appeal, what articles on here did you use for help? Was it the ESA appeal section?
Well done on your result x

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11 years 11 months ago - 11 years 11 months ago #83729 by susan
Hi on my letter it actually states which regulation I qualified on. I would ask for it written on paper
Sue
Last edit: 11 years 11 months ago by Gordon.

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  • bro58
11 years 11 months ago #83741 by bro58
Katypage wrote:

Hi, I've got to do the same appeal, what articles on here did you use for help? Was it the ESA appeal section?
Well done on your result x


Hi KP,

Please see MM's thread in question here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=79233#79233

See also a list of MM's historical threads here :

www.benefitsandwork.co.uk/forum?func=fbprofile&userid=23040

bro58

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