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ESA WRAG to Support Appeal

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knokes
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12 years 1 month ago - 12 years 1 month ago #100799 by knokes

ESA WRAG to Support Appeal was created by knokes

HI everyone,

My husband is currently appealing against WRAG placement, we have received the case notes from DWP and are in the process of putting our evidence together.

In the case notes, the nurse who assessed him has stated that she considers that he cannot reliably initiate or complete 2 sequential personal actions. This seems to fulfil descriptor 11 under the support group criteria.

However, she has gone on to say that she doesn't consider he has limited capability for work related activity.

My understanding is that just one of the support descriptors need to apply for the majority of the time, in order to qualify for the support group/component.

It seems to me that this should effectively win the appeal for us - does anyone have any thoughts or comments?

Thanks
Knokes

Last edit: 12 years 1 month ago by . Reason: Tick.

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Gordon
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12 years 1 month ago #100802 by Gordon

Replied by Gordon on topic ESA WRAG to Support Appeal

knokes wrote: HI everyone,

My husband is currently appealing against WRAG placement, we have received the case notes from DWP and are in the process of putting our evidence together.

In the case notes, the nurse who assessed him has stated that she considers that he cannot reliably initiate or complete 2 sequential personal actions. This seems to fulfil descriptor 11 under the support group criteria.

However, she has gone on to say that she doesn't consider he has limited capability for work related activity.

My understanding is that just one of the support descriptors need to apply for the majority of the time, in order to qualify for the support group/component.

It seems to me that this should effectively win the appeal for us - does anyone have any thoughts or comments?

Thanks
Knokes

The note you refer to would suggest that he meets the SG criteria;

11 (a) Cannot learn how to complete a simple task, such as setting an alarm clock

I can only suggest that you draw the DWP Decision Makers attention to this whilst you are still in the Reconsideration phase, hopefully this will result in the Decision being revised.

However, I would recommend that you do wholely rely on this, and submit further evidence and/or submissions to support his claim to be in the SG.

Gordon

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

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knokes
Topic Author

12 years 1 month ago #100805 by knokes

Replied by knokes on topic ESA WRAG to Support Appeal

Thanks Gordon - unfortunately we didn't receive the papers until the decision had been reviewed and they have not changed the decision, hence we are continuing with the appeal.

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Gordon
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12 years 1 month ago #100814 by Gordon

Replied by Gordon on topic ESA WRAG to Support Appeal

knokes wrote: Thanks Gordon - unfortunately we didn't receive the papers until the decision had been reviewed and they have not changed the decision, hence we are continuing with the appeal.

It is a long shot, but you could try writing a letter to the Decision Maker, explaining what you have found in the report and stating that based on this evidence from the ATOS assessor your husband should have been placed in this SG.

They may just ignore it, but they might just look at the Decision again.

Gordon

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Gordon
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12 years 1 month ago #100828 by Gordon

Replied by Gordon on topic ESA WRAG to Support Appeal

knokes

Just wanted to add, I quoted the 15 point descriptor for Question 11 rather than Support Group :blush:

The SG descriptor is

11. Initiating and completing personal action (which means planning, organisation,
problem solving, prioritising or switching tasks).
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

Sorry if this caused any confusion.

Gordon

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

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