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Well the results arrived

  • Fawlty
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12 years 1 month ago - 12 years 1 month ago #102069 by Fawlty
Well the results arrived was created by Fawlty
Well submitted my ESA50 form on the 21st March and came back from the doctors this morning to find a brown envelope, opened and started to read that I had been awarded ESA then got to the part where it says that I have been placed in WRAG, must be a record 14 days with weekends and a bank holiday in between.

Looks like they never even considered the letter from my GP explaining I have multiple problems which due to there nature are unlikely to improve as most are either progressive or only manageable and the copy of a letter from a consultant. :blink:

I intend to appeal as I been reading about the WRAG and mandatory work stuff so downloaded the GL24, as I only have 3 weeks due to the letter being sent on the 3rd. Going to ask my doctor if he thinks being forced into work will have an effect on my health.

I called some of the places listed on the site for help but there is no Scope near me, they did recommended a service but have to pay and that's 35 miles away and no welfare rights groups local so all I have is CAB and well the person I spoke to this morning didn't seem to have much idea of what I was on about. Oh I may have to have a medical and F2F as well and got no one to take with me.

Any suggestions, I read on here it is better to go straight to appeal rather than ask for reconsideration I presume that is done by the GL24?

Other thing is I intend to send a copy of the GP and consultants letters with the GL24 and also if I get another letter from the doctor just wondered if there was anything else I should do?

I have tried reading the guides but things are a bit stressful for me at the moment so having trouble taking everything in.

Grateful for any advice
Last edit: 12 years 1 month ago by . Reason: Tick.

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12 years 1 month ago #102075 by Gordon
Replied by Gordon on topic Well the results arrived
Fawlty

You will have to forgive me but I am still going to say congratulations on not being found Fit for Work.

Just to clear up something that claimants often get wrong. Whilst in the WRAG you are classed as having Limited Capability for Work, this means that you cannot be required to work or even to seek work. It also means that letters from your GP or Consultant stating that you are not fir for work will be of little value in an appeal to the Support Group.

With regard your appeal, we advise an Appeal in preference to your requesting a Reconsideration as they will carry out a Recon when you appeal anyway, so you save yourself at least several weeks and potentially more by Appealing.

As a start you should have a look at the following

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

It is very unlikely that the DWP will now order a face to face assessment, however, it is possible that a Tribunal panel may do so.

You should have a look at our ESA Appeal guide which amongst other things explains how to complete the GL24.

If you have more questions, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Fawlty
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12 years 1 month ago - 12 years 1 month ago #102079 by Fawlty
Replied by Fawlty on topic Well the results arrived
Thanks for the reply Gordon, put my mind at rest a bit think I should just stick to this site in future as some of the other sites I looked at seem to write random things that turn out not to be the case.

I made the mistake of thinking, based on a couple of other sites that being placed in WRAG meant I would have to go to the f2F, be trained then put on the work programme and stuck on the first job that came up without the firm paying me. :whistle:

Thanks again for the info and links
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #102081 by Gordon
Replied by Gordon on topic Well the results arrived

Fawlty wrote: Thanks for the reply Gordon, put my mind at rest a bit think I should just stick to this site in future as some of the other sites I looked at seem to write random things that turn out not to be the case.

I made the mistake of thinking, based on a couple of other sites that being placed in WRAG meant I would have to go to the f2F, be trained then put on the work programme and stuck on the first job that came up without the firm paying me. :whistle:

Thanks again for the info and links


Just to be clear, you will be required to attend WFIs, even if you appeal, although they may be deferred. If you appeal you should not be forwarded to the Work Programme until a new Decision on your claim is made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 1 month ago - 12 years 1 month ago #102084 by
Replied by on topic Well the results arrived
Hi Basil,

I'd just like to reiterate Gordon's congratulations.

Sometimes it is enough to redraw the reviewing/reconsidering DM's attention to evidence that you may have already provided, citing which of The SG Descriptors that you feel you qualify under :

SG (LCWRA) Descriptors

ESA Reg 35 for entry to The SG (LCWRA)

The automatic reconsideration will be carried out by a different more senior DM than the one who has made the WRAG decision.

Obviously, if you can obtain any further more compelling evidence this should help.

Remember, to stand the best chance of having the WRAG award changed in your favour at the reconsideration stage, you should provide any evidence as soon as you can.

You should not delay in submitting your GL24 though to the extent where you will miss the one month deadline.

If you are awaiting further evidence you can state this in the GL24, and inform them that you will forward any fresh evidence as soon as you have access to it.

bro58
Last edit: 12 years 1 month ago by .

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  • Fawlty
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12 years 1 month ago - 12 years 1 month ago #102085 by Fawlty
Replied by Fawlty on topic Well the results arrived
Thanks for the info, just wondering if I got it in me now to appeal or just accept the WRAG decision as I am stressed enough without having to go through all this again just weeks after the ESA forms.

Just a couple of questions:

1. You mention forwarded to the work programme, I take it this will happen if I stay in WRAG if I don't appeal regardless of being declared unfit for work?

2. If I put in an appeal, it goes to a different decision maker first for reconsideration I presume they actually read it or is it just all done with what the computer software spits out like the first time?

Thanks

Fawlty
Last edit: 12 years 1 month ago by .

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