penguinita wrote: I've just had my letter from the DWP telling me I'm being put in the WRAG group without an assessment. To be honest I'm amazed they didn't send me for assessment as I fully expected to be found fit for work.
I shall be appealing the decision as I feel I should be in the Support Group and have an appointment with the CAB next week to get the ball rolling as it's taken almost a week and a half for the letter to arrive to tell me of the decision.
What I'd like advice on is who do I ask to get a copy of the decision makers report? I have a suspicion that I may have got enough to go into the support group but they put me in the WRAG group anyway. I'd like to see if this is in fact the case or if I was borderline.
I have supporting evidence from my hospital consultant and another clinic I attend regularly. My GP on the other hand said he's fed up with writing reports for patients and suggested I just pay to get a copy of my medical records. I don't know if I should do this as I think it might be too expensive for me. Then again, can I afford not to? There isn't much difference in the price of his report and a copy of my records.
I also have a condition that was affecting me at the time of writing the WCA form but was at that time undiagnosed. I now have a diagnosis but am I right in thinking I can bring this up in the appeal?
Any input would be gratefully appreciated.
Hi p,
Many members have been placed into The WRAG without a face to face assessment, so you are not alone.
You only have one month from the date of the decision notice letter to appeal, see :
How to submit an appeal &
Is there any risk to challenging a decision? From our :
Appeals FAQ’s There is also an ESA Appeals Guide on this page :
ESA Claims Guides See also :
Disability Rights UK Factsheet - Appeals and reconsiderations See the link below regarding documentation that you can request from The DWP :
ESA medical – what forms to ask for? You can request them over the phone, but we advise that you back up any verbal request in writing.
Remember, qualifying for The SG is not points based like gaining entry to The WRAG. For The SG, you must fulfill at least one of the SG Descriptors :
SG (LCWRA)Schedule 3 Descriptors And/Or :
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 See also :
Qualifying for the Support Group For any newly diagnosed medical condition, you would have to prove that the limitations caused by this condition were affecting you at the time of The WRAG award.
Any deterioration or change in conditions since the time of the WRAG award, will not be considered by a DM at reconsideration, or a Tribunal Panel at an appeals hearing, unless they could be tied to the time of The WRAG award.
Please reply to this topic if you have any further queries.
bro58
