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ESA placed in support group then changed to wrag

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7 years 9 months ago #162859 by michael
On the 17th june letter stating been place in support group then on the 8th july told not in support group but in work related group and i must attend job centre has anyone else had this.
Thank you Mike

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7 years 9 months ago #162877 by Gordon
M

Welcome to the forum.

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How did you hear on the 8th that you are in the WRAG?

Have you checked with the DWP about what is going on?

Were you in the SG prior to 17 June? If you were, is it possible that the letter you received in June was the bi-annual entitlement letter rather than a Decision Letter?

If you are in the WRAG then I'm afraid you must attend any WFIs or WRA that you asked to do. Your JC+ advisor must take into account any limitations that result from your conditions however they will not have any access to the medical information associated with your claim, so they will not know what those limitations are.

Therefore you should contact your advisor as soon as possible to explain your difficulties.

Once you have confirmed the Decision we can explain your options for challenging it if your want.

If you have any questions on the above 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

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7 years 9 months ago #162914 by michael
Hi Gordon
I received a telephone call on the 8th july telling me i must attend the job centre on 13 th july.


DWP say letter dated 17th june stating i have been placed in support group was generated in error and they have no record of it.


I was on incapacity benefit and disability prior to esa for over a decade.


The letter received on the 17 th june was concerning ESA and not incapacity benefit.

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7 years 9 months ago #162968 by michael
I was contacted via telephone on the 8th and informed that I needed to attend the JC+.

When I explained that I had received two letters stating that I was within the ESA support group, this was disputed by the Job centre who then went on to tell me I was part of ESA WRAG.

I then contacted the DWP for an explanation about what was going on? and was told the letters detailing my ESA support group status were issued in error.

I have never been in the ESA WRAG before, I had definitely received a Decision Letter.

All off the above has occurred since I have requested a mandatory reconsideration of PIP.


Michael

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7 years 9 months ago #162987 by Gordon
Michael

Dealing with the practical issues first, while you are in the WRAG then you must conform with any request to attend a Work Focussed Interview or for your to perform Work Related Activity or you risk your benefit being sanctioned.

Your immediate priority is for you to contact you new JC+ advisor as they will have no knowledge of your conditions and limitations as they do not have access to this information on the DWP computer system. You should be able to negotiate an activity plan that fits with your capabilities and in particular should be able to avoid any task that would conflict with your stated limitations.

In regard the WRAG award. I would start by making a Subject Access Request for all of the documents used in the making of the Decision, I would also request all of the documents for the dates that encompass the Decision Letters that you received and the following specific documents; the ESA85 assessment report and any and all LT54's completed by the Decision Maker. Finally, if you have not yet received a Decision Letter confirming your WRAG award you should request this.

Once you have those you will have a better understanding in how to proceed but you will need to issue a Mandatory Reconsideration with one month of the Decision Letter placing you in the WRAG.

Gordon

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

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7 years 9 months ago #163124 by michael
Hi
Today 12th july received ESA Doctors assessment report which states
Expected changes
Functional Problems
I advise that work is unlikely within two years


Reason for the Opinion Given
Te
The available evidence suggests improvement is unlikely in the longer term
Personalised Summary Statement
Overall he is likely to have disability with consciousness.
He has anxiety and depression.
I have just contacted DWP querying why decision was made to place me in wrag after this report from their Doctor and was tol"d they can overrule their Doctor s report". .Is the decision maker a Doctor and if not what right have they got to overrule a Qulified Assessment Doctor.
Next if the decision maker is a Doctor he is then arguing with another Doctor
Also all these decisions are made without seeing the Disabled Person.
And what is the point of having an assessment in the first place
Thank you in advance Mike.

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