ESA Appeal - Placed in WRAG Money Ceases in July

Hi,

I had my medical for ESA last spring, and was refused it and on appeal I was placed in a WRAG group. I attended an interview at my job centre in Sept last year and was told by them that my money would cease altogether this July.

Can I still appeal being placed in the WRAG group, as I'm unable to handle any type of work because of physical disability & mental health problems (due to 2 strokes) which exacerbates my anxiety & stress levels. Or, if I cannot still appeal, can I re-apply for this benefit before it stops in July.

Regards,

Daryl

Hi,

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Before I can advise further, where you placed into The WRAG as a result of a reconsideration carried out by The DWP, on appealing, or was it as the result of a decision by The Appeals Tribunal at a hearing ?

bro58

Hi,

The reason for my question is that if you were placed into the WRAG by The DWP on reconsideration, (Which it seems may be the case due to the short timescale in between the original fit for work decision, and the WRAG award) that , from what you have written, you can make a late appeal to gain access to The Support Group. (SG)

Late appeals are allowed up to 13 months after an adverse decision.

"I had my medical for ESA last spring, and was refused it and on appeal I was placed in a WRAG group. I attended an interview at my job centre in Sept last year"

If The WRAG award was made by The Tribunal, you would not be able to appeal that decision.

Under this scenario, even though you couldn't appeal the WRAG award, you could request a review/supersession of the WRAG award, if your conditions have changed/deteriorated, or you now suffer from different medical condition.

You would have to provide documented medical evidence of this, and would probably have to go through a fresh assessment.

Please respond, if you wish to, by hitting "Reply Topic" at the bottom of this post, and submitting your comments.

bro58

Hi,

As you have failed to respond to my queries, I will try to provide the relevant information.

This is the rule regarding 365 days entitlement to Contribution Based (CB) ESA if not in The SG :

12 Month Limit for ESA(CB)

After the 365 days entitlement to CB ESA has been exhausted, unless you are in The SG, you should be financial assessed to see whether you are entitled to Income Related (IR) ESA.

You would have to fill an ESA 3 Form in, where you would be assessed with respect to your capital, assets, savings and household income. You would have to request the ESA 3 from the DWP.

See also : 24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

If you weren't entitled to IR ESA, your CB ESA payments would cease, and you would continue to receive NI Credits only which would go towards your State Pension, only.

If you can appeal, as the original adverse decision was made prior to 28/10/13, you could do so using GL24 Form which can be downloaded and printed off from the link on this page. :

How to submit an appeal

There is also an ESA appeals guide on this page :

ESA Claims Guides

You should also have a read through our :

Appeals FAQ’s

And our : ESA FAQ’s

See also :

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

DRUK Factsheet - Appeals Hearings and How to Prepare for them.

&

MOJ Video of ESA Appeals Process and Tribunal

Your comments below :

"Can I still appeal being placed in the WRAG group, as I'm unable to handle any type of work because of physical disability & mental health problems (due to 2 strokes) which exacerbates my anxiety & stress levels."

Are irrelevant to appealing to gain access to The SG, as being in The WRAG already means that you are "unfit" for work.

To gain access to The SG you would have to fulfill at least one of the qualifying SG Descriptors :

Qualifying for the Support Group

SG (LCWRA)Schedule 3 Descriptors

Or under :

ESA Reg 35 for entry to The SG (LCWRA)

If you can't appeal, or are too late, you should write to The DWP requesting a review of The WRAG award providing details of your medical conditions, and why you feel that you now qualify for The SG.

See also : Sending Documents to the DWP or ATOS

&

Where to get advice?

You may wish to Bookmark/Favourite this page in your internet browser so that you can return to it easily.

bro58

Hi,

Just to add,

An appeal would only re-look at how you were at the time of the adverse WRAG award, and whether you should have been placed into The SG at that time.

It will not look at how you have been since, or take into account any changes/deterioration since that time.

A review/supersession will look at how you are at the time of the review (currently)

bro58

Hi bro58,

My appeal was granted by the DWP with the help of my local CAB advisor (in Glasgow.)
I was going to appeal the decision on being placed in the WRAG group, but withdrew it as it was causing too much stress & anxiety as well as affecting my health.

I'm just concerned as I wasn't aware before I had my job centre interview that my benefit would cease as of July. Should I re-apply for my benefit (before it exhausts) or appeal being placed in the WRAG group. as my health has now deteriorated since the original medical.

Regards,

Daryl