Appealing esa

keanda wrote: Hi
I initially posted last week that I had been put into the WRAG and I disagree with the decision. I sent off the letter requesting all the information that they have based their decision on but understand that this could take while to come back.

My GP has given me a very supportive letter explaining my condition and where I meet the support group criteria. He has also stated that due to the severity of my pain my medication has been increased by the pain clinic and I have also started on MST which is a morphine based medication.

I continue to attend a pain clinic and on their advice I am now getting physiotherapy for another condition but it is causing additional problems with my current condition but obviously that hasn't been put onto my original application

Anyway as per my original post I saw someone at the Social Work to discuss an appeal against the decision to put me into the WRAG instead of the support group. I found him to be quite dismissive and almost trying to put me off appealing and he hadn't even looked at my information.

Told me there would be absolutely no point in sending off the doctors letter or mentioning the changes in medication. He said that the GP must have sent them information already and that they would have based their decision on that.

I told him that I had requested the SAR and that once I had received that I would have a better idea of why they hadn't put me in the support group. Told me I might be better off just asking for a reconsideration rather than appealing.

I explained that I was under the impression that if someone appeals they automatically look at again before deciding if it goes to appeal. Anyway he said he didn't use the GL24 forms but sent off letters.

He then wanted to know the reason I would be unable to work or go to WFI which I understand he needs, but my mum asked him what the difference was between the support group and the wrag (she is lucky to be naive about the benefit system as she has very good health) he said the support group was meant to be for severely ill people its meant to be for people who have severe health problems such as cancer, I understand that it is for people who are very ill but its the way he said it.

Anyway in addition to that in the GP letter he has put down one of my medication doses as being 300mg x 3 a day instead of 900mg three times per day, I had also left the letter from the pain clinic at home. I said that I was seeing the GP on Wednesday and could get the medication dose changed and that I could get the other letter to him but he just waived it off and said it didnt matter.

To be honest I know he wasnt a welfare benefits officer (I would only get to see him prior to the appeal) but I really don't feel comfortable about his attitude. I realise that you can't give advice about a specific case but is this the norm for advice agencies

Hi k,

I cannot comment on whether the adviser in question is "good" or "bad".

All that I can state is that there is "good" and "bad" in every aspect of life.

Firstly, you should not miss your one month deadline to appeal if the requested documentation has not arrived.

B&W always advise that an appeal should be made in the first instance rather than requesting a reconsideration first.

An automatic reconsideration will take place when you appeal.

The reviewing DM at the automatic reconsideration and any ESA Appeals Panel, (if it gets that far) will only take into account evidence that is pertinent to the time of the adverse WRAG decision, and not any deterioration in your health since that time.

So try and ensure that any fresh evidence obtained from your G.P. is pertinent to the time of the adverse WRAG decision.

One should not assume that The DWP/ATOS have had any contact thus far with your G.P., they sometimes send an ESA113, but this is the exception, rather than the rule, see :

ESA 113 Questionnaire

You G.P. should be able to tell you whether he has received an ESA113 to fill in.

With regards to "How ill" one has to be to gain access to The SG, it is simple, you can qualify by fulfilling at least one of The Functional SG Descriptors :

SG (LCWRA) Descriptors

And/or under The Exceptional Circumstances Rules :

ESA Reg 35 for entry to The SG (LCWRA)

It is the limitations suffered as a result of your medical conditions that count, more so than the conditions themselves.

I would get your G.P. to amend the error in your meds, and include a copy of your repeat prescriptions also.

Please keep us updated.

bro58