Help - Put in WAG from Support Group

Hi I have just learnt from DWP that following assessment by ATOS I have been taken out of support group and into WRAG.
My medical assessment was carried out at home (as the Doctor recommended this as I am agoraphobic) and was attended by my Support Worker.
I was previously informed that any decision made by ATOS was not final and DWP's decision was final and yet today I have been informed that if ATOS have recommended the WRAG then that decision is final.
I have chronic agoraphobia and anxiety and depression along with fibromyalgia and arthritis.
DWP have informed me that ATOS may not have taken my agoraphobia into consideration.????although they may be looking to put me into the WRAG group (timescale unknown) as they feel my condition is getting better?????? The last time I left the house was in December with my Nurse Consultant undertaking therapy since then I have not left the house.

The paperwork is yet to come out to me - it is already left me distraught today - I have told DWP to end my claim as I cannot fulfil the guidelines of being in WRAG as I don't leave the house, they said they cant stop my claim and that I need to appeal once I have the paperwork

I really am very anxious about this. I don't have the capacity to fight them
Any help would be greatly received.

In theory Atos gather evidence around your claim via your form, assessment and other medical evidence. They then compile a report based on this and make recommendations to the DWP. Then a DWP Decision Maker reviews the evidence compiled and makes a final decision. In reality, however, it is rare that the DWP do not accept Atos recommendations.

It is not rare to be taken out of the Support Group and placed in the WRAG. This can be seen as a tactic to keep people out of the Support Group as not everyone appeals. I can understand you not wanting to appeal as it is a very stressful process however pleased be encouraged that many appeals are successful.

I am glad the DWP did not take you up on the offer to end your claim and think appealing is the best thing you can do. You know that you qualify for the Support Group as you have already been in it. You just need to figure out on what grounds you qualify and provide evidence of this, the site should help with this.

First of all you need to ask for a 'Mandatory Reconsideration' as soon as you get the paperwork. This will probably just be a formality before appeal and I would not send additional evidence at this stage. Check back when you get a decision and we can take you hrough lodging an appeal.

In the mean time you can ask to have your Work Focused Interviews done via the phone. If you are asked to do anything your not comfortable with check back with us for advice.

puccalove - thank you for this - Ive tried reading the ESA notes on here and I don't think my brain can process any of it at the moment as Im so scared of attending interviews. DWP told me to ring Job Centre and ask and they have noted my request for a phone call interview but this cannot be assured apparently it is up to the handler to decide whether or not he or she will allow my interviews by phone.

One thing I really am unsure about is that they said I will now be paid the WRAG amount but when I read the notes it said that no payment will be made whilst a reconsideration was in place is this only for new claimants or does this apply to all claimants.???

the most ironic thing is that I was recently awarded DLA low rate mobility based on my agoraphobia and the fact that I don't go out and it is not safe for me to go out alone - so on the one hand they know Im not able to go out and don't feel safe alone but on the other hand say im fit for work - am I right in thinking I should not mention this as they could then take away my DLA?

It is at their discretion whether to grant phone interviews, a letter from a doctor to say you cannot leave the house should help with this.

If you had been denied ESA you would not be paid any monies, however as you are in the WRAG you will receive that rate, which is a reduced amount. (If you win your appeal any difference should be backdated.)

I think that when it comes to appeal mentioning your recent DLA claim may help. Of course they may lean on the fact that they are different benefits with different criteria. However any medical evidence you used to get the DLA may help in this case provided it is up to date (not over a year old).

Ok I think the best thing is to try and take a deep breath try and forget about it until the paperwork comes and then as soon as it does I will pop back in and ask how you do the reconsideration process
Of course if anyone else wants to add anything that would be great
Many thanks x

peanut wrote: Ok I think the best thing is to try and take a deep breath try and forget about it until the paperwork comes and then as soon as it does I will pop back in and ask how you do the reconsideration process
Of course if anyone else wants to add anything that would be great
Many thanks x

Hi p,

A request for a Mandatory Reconsideration (MR) can be made over the phone.

This MR request must be made within one month of the date of The WRAG decision notice letter.

We also advise that you back up this verbal request in writing making sure that you make it absolutely clear that you are formally requesting a " MANDATORY RECONSIDERATION" of The WRAG award to gain access to The SG.

Sending Documents to the DWP or ATOS

See : Mandatory Reconsiderations Explained

There is also an ESA Appeals/MR Guide on this page :

ESA Claims Guides

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

I note that ATOS granted you a Home Assessment, it is quite rare for ATOS to grant Home Assessments, and surely this is a good indication that they have acknowledge that you have limitations in leaving your home.

If they are saying that they have not taken your Agoraphobia into account, this is contradictory to them granting a Home Assessment for the same reasons !!!

bro58