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Please help...Put into WRAG but no decision letter

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9 years 2 months ago #131120 by Jojo71
Hi
I had my WCA on 16th Feb and received backdated money into my account last Weds 4th March (which I worked out for myself that I had been put into WRAG)
I had my first work focus interview on Monday after getting the appointment letter Thursday, and she said that I had indeed been placed in the work related activity group for a year. Her system was down but she was able to request that I get a call within 3 hours explaining the decision (she put it down as me wanting to put in a mandatory reconsideration)
I told the lady when she rang that I did feel I was in the wrong group and I wanted the decision letter. She said she couldn't send that but has sent the ESA85 that I also wanted. I said I was still going to put in for a MR just in case.
I received the ESA85 today and my most debilitating condition, fibromyalgia, isn't listed on page 1!! There is reference to it in the report, but doesn't seem to hold much weight.
What do I do now? I don't know where to write to or what to request first. My other conditions are depression, anxiety and CFS and so really struggling to do anything like phone around.
Please help before I sink to low into my depression as I can feel it creeping up on me.

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9 years 2 months ago #131138 by Gordon
Jojo

The first thing you need to do is request a formal Decision Letter from the DWP, you are entitled to this. I would start by phoning the DWP office that dealt with your claim, the number will be on any letter that you have received from them.

Secondly, you need to make a formal request for a Mandatory Reconsideration, our ESA MR & Appeal guide explains how to do this and has template letters you can use, it will also explain the process in more detail. You should mention that you will be sending in further information to the process once you have received the ESA85

www.benefitsandwork.co.uk/help-for-claimants/esa1

Once your MR has been submitted and you have the ESA85 you should then go through the ESA Claim guides with the report to see where the assessor has marked you down and why. Your goal is to show that you meet the criteria for the Support Group rather than to simply disagree with the assessors opinions.

I am afraid, while you remain in the WRAG you are subject to Work Focussed Interviews and any requests to do Work Related Activity that your advisor might make although they must make reasonable adjustments to take into account the limitations that result from your conditions.

If you have any further questions or need help with the SG criteria then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jojo71

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9 years 2 months ago #131173 by Jojo71
Thanks Gordon
I'm sorry my query was a bit long winded, I wasn't in a good place yesterday and my cognitive functioning was even worse than usual.
I have already spoken to someone on the phone, who then sent out a copy of the ESA85 which I have now gone through twice.
I think I need to make the decision maker question the nurse who did the WCA.
I'll have to find the number to call to request the MR and also ask for the decision makers letter.
The nurse said I reached for a tissue whilst there so proves my dexterity, however didn't mention that I needed this because I was crying.

I'll let you know how I get on and thank you again for your reply. :)

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9 years 2 months ago #131188 by Gordon
Jojo

I am afraid the Decision Maker will not consult with the assessor over the report, the DWP's position is that the report is accurate until it is shown not to be, this usually requires there to be a fundamental problem with the report, for example the assessor failed to note that a claimant only had one leg, or after a formal complaint has been lodged and upheld about its accuracy.

Even if you call and request an MR we recommend that you follow up the request in writing.

Just to re-emphasise my comment from my previous post, your primary goal is to show that you meet the criteria for the Support Group, this may require you to comment on the report, but you should avoid trying to just show that the report is wrong as this will not result in an increased award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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