what to do now?

I sent a handwritten letter (but no other supporting evidence, hoped my letter might suffice! to DWP asking them to look again at their decision to place me in the WRAG (prev CB IB) as i felt they had seriously overlooked the severity of my depression. To be perfectly honest, i wasnt surprised when they said the original decision stood. As is normal practice i suppose, they sent me, after a few weeks, a copy of their decision and the reasons, a photocopy of my original form ESA50, also a medical report form from a registered nurse which was drawn up a couple of days after they first received my ESA50 form, back in January. On it she said i had LCW and would be unlikely to be able to work for the next two years. If this is her recommendation, why are they stopping my benefit after 1 year? Also today i've received all the appeals 'bumph', and wondered whether to proceed to a tribunal based on what the nurse has put on the original medical report? also when they first assessed me i had something wrong with my jaw and was awaiting a consultants appointment for diagnosis, so that problem actually existed at the time they made the WRAG decision. i can prove this through Dr's records and hospital appts. potential haemorraging is a side effect. what to do? any advice most welcome.
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Hi Darryl,

The HCP report is advisary and DWP are free to make a different decision if they see fit. In fact, in your case, they have not made a different decision, they have placed you in WRAG as advised.

The length of award is not fixed and does not form part of the decision. Therefore it is not appealable.

WRAG is time limited by law for those who are not entitled to income-related benefit. You are still classed as being on ESA and NI credits will me made but you will not receive any more money unless and until you are placed in the Support Group. This could be as a result of your appeal or a future reassessment.

Obviously it is up to you whether you procede to appeal. At worst, the tribunal could decide that you do not qualify at all for ESA so you should be as sure as possible that your WRAG award is secure.

Hi d,

Just to add to MHB's good advice.

To gain access to The SG, you must show that you fulfill at least one of the qualifying SG Descriptors :

SG (LCWRA)Schedule 3 Descriptors

And/Or you can also qualify for The SG under the exceptional circumstances rules, ESA Reg 35 :

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

See also :

Qualifying for the Support Group

This FAQ may help you to understand the CB ESA 365 days entitlement to payment rule :

12 Month Limit for ESA(CB)

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