Help - Put in WAG from Support Group

Hi P,

Yet another blatant example of DWP staff giving out incorrect and misleading information that could be to the detriment of the claimant.

Disgusting !!!!!!

bro58

Should I still do an SAR for the previous descriptors or call back and just simply say "what has changed" ? Try getting a different advisor?

I don't know whether it is something you would like to comment on but is moving back into a support group something that is successful in most cases or are they going to still take the "ATOS decision is final"

Sorry I am a bundle of questions I managed to read more of the Support Group/WRAG group qualifications and I don't know whether I have read this correctly but Ive interpreted that there are no set tests to be put in the support group but its if the assessor records that you should be put in the support group? have I interpreted that wrong?

peanut wrote: Should I still do an SAR for the previous descriptors or call back and just simply say "what has changed" ? Try getting a different advisor?

I don't know whether it is something you would like to comment on but is moving back into a support group something that is successful in most cases or are they going to still take the "ATOS decision is final"

Sorry I am a bundle of questions I managed to read more of the Support Group/WRAG group qualifications and I don't know whether I have read this correctly but Ive interpreted that there are no set tests to be put in the support group but its if the assessor records that you should be put in the support group? have I interpreted that wrong?

Hi P,

As you may have gathered, information given out over the phone by DWP Call Responders cannot be relied upon.

You could ring up again, and state that you have previously been given misinformation and that you would like an escalation to a Supervisor/Manager.

This will involve them calling you back.

You could complain about the misinformation given at the same time.

The only way to be sure of receiving documentation is to issue a SAR.

You could do this as a back up even if the Supervisor/Manager agrees to give you the information.

Whether your MR/Appeal would be successful rests on the individual merits of your case.

However, the fact that you were previously in The SG should help, we have had quite a lot of members who have successfully moved from WRAG to SG at the reconsideration stage.

When an MR is carried out, a totally different DWP Decision Maker (DM) should look at the WRAG decision with a "fresh pair of eyes".

There are most certainly set criteria to qualify for The SG.

You must qualify under at least one, any one of The SG Descriptors :

SG (LCWRA)Schedule 3 Descriptors

e.g. As it seems that you suffer from Agoraphobia and anxiety it may be that you qualified under SG Activity/Descriptor 13 :

"13. Coping with social engagement, due to cognitive impairment or mental disorder.

13. Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant."

This is just an example so please don't take it that this was the descriptor that was applied last time.

The SG Descriptors above are classed as "Functional Descriptors" if you did not qualify for the SG under one or more of these, you may have been placed into The SG under The Exceptional Circumstances Rule.

This is another way of gaining entry to The SG if you don't qualify under at least one of the "Functional Descriptors"

In particular it may be ESA Reg 35 (2) (a) & (b) :

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

From :

ESA Reg 35 for entry to The SG (LCWRA)

So it may have been deemed that there would be "Substantial Risk" to your health of that of another if you had not been placed into The SG.

If you have been placed into the SG under ESA Reg 35 rather than one or more of the "Functional Descriptors" the onus would be on you, rather than The DWP DM to show that this "Substantial Risk" still applies.

Have another read through our FAQ :

Qualifying for the Support Group

Just to add, The ATOS Assessor (HCP) makes recommendations on which group you should be placed into.

It is The DWP DM who actually makes the decision, taking into account "ALL" the evidence that they have access to.

Don't worry about asking further questions, we are here to help as much as we can within the remit of the forum.

bro58

Hi just to update you I have received my ESA85A from last time (2011) - was amazed at how quick that came.
it basically says:
ADVICE
"I am now able to advise that the claimed level of disability is consistent with the evidence before me"

PROGNOSIS
I advise that a return to work could be considered within 18 months

JUSTIFICATION OF ADVICE
The ESA50 suggests that the client has significant level of disability due to mental health problems such that they would have limited capability for work. Client has support and is taking relevant medication.

As I stated before and Im not worried about admitting it on this forum I have chronic agoraphobia and since this assessment have been put on more medication and have more support.

So what did the above mean the last time? It does not state anywhere that they advised the Support Group. When I asked for copies of info I was told I would get "the lot" DWP's words and all I did receive was the ESA85A.

Still have had no written advice of the outcome of my latest assessment just verbal- its now coming up for the one year mark since I originally sent in my ?50 form