ESA - Personal Advisor Interview

I'm hoping someone can help me please.

I originally started my ESA claim on 12th April 2012, I then received the ESA50 Questionnaire following the advice from the downloadable sections from this website, unfortunately my ESA was stopped on 18th June 2012 due to my illness I was 4 weeks late in returning it, which I sent on 20th July 2012. My reasons for the late return of the questionnaire were accepted and my ESA was subsequently backdated. I have heard nothing until this morning when I received the brown envelope in the post saying that an appointment has been made for me to attend a Personal Advisor Interview. I have had no medicals. So what I'm asking does this mean I have been placed in the Work Related Activity Group with no explanation or medical? I did send in over 50 pages of supporting evidence. However, I believe that I should be in the Support Group rather than the WRAG so I assume I can appeal this decision (if a decision has been made). Also, as the assessment phase is a 13 week period will any additional money be back dated from when I initially claimed (so 13 weeks from 12th April) or from when my claim was reinstated (so 13 weeks from 19th June 2012)?

Any advice will be greatly appreciated.

Thanks in advance

Michala

hi, i was put in the WRAG group, i did not get sent for a medical with ATOS, they rang me and said, we are putting you in WRAG for 2 years,( i will be 60 in Dec 2013.) Any way, i told him straight away i was going to appeal this decision and he said that's your right, etc..etc..
4 weeks later i had a personal advisor app, went there with my stick, splints on my bent fingers, have to inject 3/4 times a day insulin, i could go on... this guy was so embarrased, told me a load of forms had come over from Burnley to Lpool, so i knew my form had probably not even been looked at, i had just been thrown aside into the Wrag, anyway he was a nice bloke, told me make sure you get medical evidence for appeal, and he hope never to see me there again!

It does sound as if you have been placed in WRAG. You are entitled to be notified of this in writing and then haved 1 month to suubmit your appeal. It might be worth phoning DWP to ask what is going on.

Thank you both for your prompt replies.

I am awaiting a telephone call from my local Jobcentre Plus and I will be requesting a written notification of my ESA award, and inform them that I will be appealing their decision.

Michala wrote:

I'm hoping someone can help me please.

I originally started my ESA claim on 12th April 2012, I then received the ESA50 Questionnaire following the advice from the downloadable sections from this website, unfortunately my ESA was stopped on 18th June 2012 due to my illness I was 4 weeks late in returning it, which I sent on 20th July 2012. My reasons for the late return of the questionnaire were accepted and my ESA was subsequently backdated. I have heard nothing until this morning when I received the brown envelope in the post saying that an appointment has been made for me to attend a Personal Advisor Interview. I have had no medicals. So what I'm asking does this mean I have been placed in the Work Related Activity Group with no explanation or medical? I did send in over 50 pages of supporting evidence. However, I believe that I should be in the Support Group rather than the WRAG so I assume I can appeal this decision (if a decision has been made). Also, as the assessment phase is a 13 week period will any additional money be back dated from when I initially claimed (so 13 weeks from 12th April) or from when my claim was reinstated (so 13 weeks from 19th June 2012)?

Any advice will be greatly appreciated.

Thanks in advance

Michala

Hi M,

It would seem that you have been placed in The WRAG of ESA, as claimants in the Support Group are exempt from having to attend WFI's, see :

Work Focussed Interviews

Work Programme

WFI's can be deferred, carried out over the phone, or even in the claimant's home.

However, the options above are purely at the discretion of the JCP adviser, and are not a given right, therefore you may wish to contact the JCP adviser to discuss the above, and inform them that you are going to appeal to be placed into the SG, if that is the action that you are going to take, See :

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

If you have been placed into The WRAG without having a face to face assessment, this is quite common, and will have been done on paper evidence only. See :

ESA medical – what forms to ask for?

ESA Forms

Any back-pay owed to you should be paid from the start of week 14.

You will have one month to appeal, from the date of your WRAG award letter, (Which it seems that you have not received)

You may wish to do this ASAP, you can download a GL24 Appeals Form from the link on this page :

How to submit an appeal

You should read all our :

Appeals FAQ’s

And :

Employment and Support Allowance appeals
35 page guide to revisions and appeals for ESA.

The 5th link down this page :


ESA Guides

See also :

Qualifying for the Support Group

In our :

ESA FAQ’s

This may be of interest also :

12 Month Limit for ESA(CB) Updated 10/03/12

12 Month Limit for ESA(CB) – Implementation New

You may wish to gain professional advice, see :

Where to get advice?

As a decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

Therefore, you should be notified "In Writing"

Hope this helps

bro58

I receive a War Pension for 70% disability also get WP UMSUPP but receive the old additional pension for what was IVB, I was placed in the WRAG without a medical appealed straightaway and have my WFI tomorrow (Thurs), should be interesting and all for £28:56p per week.