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WRAG to Support Group with Regs 29 and 35 9 years 10 months ago #82985

I had 2 brown envelopes on Saturday - the result of my reconsideration put in a couple of months back. To my utter amazement I won it on the grounds of Exceptional Circumstances Regs 29 and 35.

Well they don't tell me that, but since I never said that I met any of the descriptors, and I did my revision/reconsideration on the basis of the Regs, then I have to assume those were the grounds they used for the new decision.

Special thanks to B & W and help given, especially to Bro58 who pointed out some useful wording for me when my medical notes came in time, and the prognosis was not to be fit 'in the longer term', and what that meant in their terms in the WCA Handbook. I was able to use that as part of my argument.

Considering I have not been medically assessed in person since 2010 (last 2 were done on paperwork only), I feel that I have been very very lucky. I have always used your guides and followed advice given though I must admit I chickened out over the appeal and just went for the revision.
Oh and by the way... all in the nick of time as I was about to lose it under the cuts at the end of April.

Just one question - should I ring to ask for relevant paperwork on this decision? Would they pass over reasoning for it, or isn't that recorded or given out?

Re:WRAG to Support Group with Regs 29 and 35 9 years 10 months ago #82991

  • bro58
mermaid wrote:

I had 2 brown envelopes on Saturday - the result of my reconsideration put in a couple of months back. To my utter amazement I won it on the grounds of Exceptional Circumstances Regs 29 and 35.

Well they don't tell me that, but since I never said that I met any of the descriptors, and I did my revision/reconsideration on the basis of the Regs, then I have to assume those were the grounds they used for the new decision.

Special thanks to B & W and help given, especially to Bro58 who pointed out some useful wording for me when my medical notes came in time, and the prognosis was not to be fit 'in the longer term', and what that meant in their terms in the WCA Handbook. I was able to use that as part of my argument.

Considering I have not been medically assessed in person since 2010 (last 2 were done on paperwork only), I feel that I have been very very lucky. I have always used your guides and followed advice given though I must admit I chickened out over the appeal and just went for the revision.
Oh and by the way... all in the nick of time as I was about to lose it under the cuts at the end of April.

Just one question - should I ring to ask for relevant paperwork on this decision? Would they pass over reasoning for it, or isn't that recorded or given out?


Hi MM,

Thanks for letting us know. :)

ESA regulation 29, gives a claimant entry to the WRAG,)(LCW) see here :

www.legislation.gov.uk/uksi/2008/794/regulation/29/made

ESA Regulation 35 gives entry to the SG(LCWRA) see here :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

As you seem to have had the adverse decision changed on reconsideration, there should be an LT54 form, completed by the reviewing DM.

See : ESA medical – what forms to ask for?

&

ESA Forms


Cheers. :)

bro58

Re:WRAG to Support Group with Regs 29 and 35 9 years 10 months ago #82997

Thank you Bro I will ask them for the LT54 then.
Last edit: by slugsta.

Re: WRAG to Support Group with Regs 29 and 35 9 years 9 months ago #83724

  • Katypage
Hi, I've got to do the same appeal, what articles on here did you use for help? Was it the ESA appeal section?
Well done on your result x

Re: WRAG to Support Group with Regs 29 and 35 9 years 9 months ago #83729

Hi on my letter it actually states which regulation I qualified on. I would ask for it written on paper
Sue
Last edit: by Gordon.

Re: WRAG to Support Group with Regs 29 and 35 9 years 9 months ago #83741

  • bro58
Katypage wrote:

Hi, I've got to do the same appeal, what articles on here did you use for help? Was it the ESA appeal section?
Well done on your result x


Hi KP,

Please see MM's thread in question here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=79233#79233

See also a list of MM's historical threads here :

www.benefitsandwork.co.uk/forum?func=fbprofile&userid=23040

bro58
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