- Posts: 51284
× Members
Potential WRAG Appeal
- sastek
- Topic Author
10 years 1 month ago - 10 years 1 month ago #132447 by sastek
Potential WRAG Appeal was created by sastek
Hi, I have recently been placed in the WRAG but really want to try a mandatory recon to see if I can get into the support group based on regs 29 and 35, but I am very scared that the new DM will find me fit for work. My other problem is that my doctor refuses to have anything to do with the appeal so will not write me a letter of support.
I've gone through all the information from DWP about my case and see that I got 18 points (3 x 6) so only just scraped through. I wanted to ask people in the same boat what the success rate is of a mandatory recon on regs 29 and 35 appeal without doctors support? I really don't fancy my chances if it went to tribunal.
Another thing that I could potentially appeal on is the distance I can walk but the nature of my illness, Fibromyalgia, is that I have better and worse days. On my ESA50 I said that the majority of the time I struggle with 50m or repeated 50m but on better days I can go 200m once. The WCA assessment nurse just reported that I could walk 200m. I'm really not sure I am comfortable with appealing because the distance varies but would appreciate any advice on the matter. The guides on here speak about what you can do the majority of the time and if you can do an action but it really hurts then you should be considered as not being able to do it (paraphrasing) but is there actually anything in the regulations that covers this?
Thanks in advance.
I've gone through all the information from DWP about my case and see that I got 18 points (3 x 6) so only just scraped through. I wanted to ask people in the same boat what the success rate is of a mandatory recon on regs 29 and 35 appeal without doctors support? I really don't fancy my chances if it went to tribunal.
Another thing that I could potentially appeal on is the distance I can walk but the nature of my illness, Fibromyalgia, is that I have better and worse days. On my ESA50 I said that the majority of the time I struggle with 50m or repeated 50m but on better days I can go 200m once. The WCA assessment nurse just reported that I could walk 200m. I'm really not sure I am comfortable with appealing because the distance varies but would appreciate any advice on the matter. The guides on here speak about what you can do the majority of the time and if you can do an action but it really hurts then you should be considered as not being able to do it (paraphrasing) but is there actually anything in the regulations that covers this?
Thanks in advance.
Last edit: 10 years 1 month ago by .
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
10 years 1 month ago #132472 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Potential WRAG Appeal
sastek
Welcome to the forum.
I would start by having a look at our ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you decide to go ahead you have one month from the date of the Decision letter placing you in the WRAG to make the request, you can make it after this time, but you will need to provide Good Cause as to why your request is late.
With regard to your post. If you are trying to qualify for the Support Group using the Exceptional Circumstances Regulations then the applicable one is Regulation 35, 29 is for the WRAG!
You also mention the distance you can walk, ESA tests Mobility, not walking which includes your ability to self-propel a manual wheelchair, you do not need to be using a wheelchair or to even own one for it to be considered.
Have a look at our ESA Claim guides for more details about Regulation 35 and the Mobility test, also on the above link.
Gordon
Welcome to the forum.
I would start by having a look at our ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you decide to go ahead you have one month from the date of the Decision letter placing you in the WRAG to make the request, you can make it after this time, but you will need to provide Good Cause as to why your request is late.
With regard to your post. If you are trying to qualify for the Support Group using the Exceptional Circumstances Regulations then the applicable one is Regulation 35, 29 is for the WRAG!
You also mention the distance you can walk, ESA tests Mobility, not walking which includes your ability to self-propel a manual wheelchair, you do not need to be using a wheelchair or to even own one for it to be considered.
Have a look at our ESA Claim guides for more details about Regulation 35 and the Mobility test, also on the above link.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David