Which group during worse health reconsideration?

If somebody is in the wrag group and on the basis of worsening health(documented) they apply for a reconsideration. If the reconsideration fails, I believe they will have the chance to ask for a mandatory reconsideration if that fails then they can appeal?

If so and when they appeal, do they still have to be in the wrag and attend wrag appointments or do they get put on the basic rate and not have to do anything until the appeal verdict happens.

Thanks

Hi Gordan

I apologise, as usual, I haven't understood you the first time right.

I think I know what you saying. You are referring to 'mandatory reconsiderations' and subsequent appeals. So if a decision was made for wrag and that person challenges, then he can do so only on the basis that his case wasn't dealt with justly based on what his health was at the time.
Therefore during this period he would be in the wrag and if he later in appeals he will still be in wrag(but not called up for the work program whilst on appeal).

However my question is regarding after a wrag decision has been made, an reconsideration and appeal taken place and the decision for wrag is still upheld.

1. After this point if a few months later the person has a second diagnoses and a worse state of health which he think means he should be in support group, what should he do?
I have asked Esa and they said write in with a request for a reconsideration however I want to double check it as they always misinform me.

2. If they have advised me correctly,if the reject the new reconsideration can the person ask for a mandatory reconsideration and appeal again? If they are in appeal they will not have to go to the work programme right, just like the first time?

Thanks

Amonia wrote: Hi Gordan

I apologise, as usual, I haven't understood you the first time right.

I think I know what you saying. You are referring to 'mandatory reconsiderations' and subsequent appeals. So if a decision was made for wrag and that person challenges, then he can do so only on the basis that his case wasn't dealt with justly based on what his health was at the time.
Therefore during this period he would be in the wrag and if he later in appeals he will still be in wrag(but not called up for the work program whilst on appeal).

However my question is regarding after a wrag decision has been made, an reconsideration and appeal taken place and the decision for wrag is still upheld.

1. After this point if a few months later the person has a second diagnoses and a worse state of health which he think means he should be in support group, what should he do?
I have asked Esa and they said write in with a request for a reconsideration however I want to double check it as they always misinform me.

2. If they have advised me correctly,if the reject the new reconsideration can the person ask for a mandatory reconsideration and appeal again? If they are in appeal they will not have to go to the work programme right, just like the first time?

Thanks

Hi A,

1. If your condition deteriorated or changed to such an extent that you felt that the resulting limitations qualified you for The SG, you would have to write to DWP ESA to report a Change of Circumstances. (C of C) :

Sending Documents to the DWP or ATOS

You would have to provide documented evidence from your G.P. or the like to prove any such deterioration/change, you could not simply say that this had occurred.

This would instigate a "Review/Supersession" of your existing WRAG award, and most probably a fresh ESA50, etc.

I would not use the word "Reconsideration" in this particular circumstance.


2. Yes, any decision made as the result of reporting The C of C would be open to an MR Request/Appeal.

As before, one should not be referred to The WP whilst an Appeal is ongoing.

However, not referring to The WP under this scenario is not covered by legislation and is purely JC Plus Operational Procedures.


bro58

Ah I see the cause for the confusion: the ESA advisor. I'm pretty sure she kept telling me to write in for a 'reconsideration'.

I would like to point out that, and I apologise if I'm wrong on this, but I can't see anything about 'change of circumstances' in your current guides. Perhaps that should be a thing to include.

Thanks

I am already working on the ESA change of circumstances letter. I have a new diagnoses and 2 years worth of letters none of which ESA know about.

When writing the letter do you think I should explain detailed reason why I should be in the support group, give passed doctors letter and maybe a doctor letter saying I should not be in the WRAG(I already have this).

What is the best way to approach this? Ideally I want to avoid any ESA50, further medicals and appeals etc. I didn't see any information on your guides about change of circumstances so it's not clear what the best approach is here.

Thanks