Placed in the WRAG wrongly?

Hi, been a member for a while but not posted.

I used the ESA guide when I received the forms for requiring updates on my condition, I was placed in the WRAG (not support) and rang them for a copy of the medical report, this took a while, I chased it and it arrived 4 days ago, it clearly states prognosis "I advise that work is unlikely within 2 years" and also in the justification "a significant level of disability due to anxiety and depression such that they would have limited capability for work" it conclude that "the available evidence suggests improvement is unlikely in the longer term" I am confused because today I received a letter telling me I have to go to a work focused interview, I am dreading going out, I intend appealing but uncertain how can some one please advise, I have downloaded the appeals guide but find it slightly confusing. Thanks.

sandy wrote: Hi, been a member for a while but not posted.

I used the ESA guide when I received the forms for requiring updates on my condition, I was placed in the WRAG (not support) and rang them for a copy of the medical report, this took a while, I chased it and it arrived 4 days ago, it clearly states prognosis "I advise that work is unlikely within 2 years" and also in the justification "a significant level of disability due to anxiety and depression such that they would have limited capability for work" it conclude that "the available evidence suggests improvement is unlikely in the longer term" I am confused because today I received a letter telling me I have to go to a work focused interview, I am dreading going out, I intend appealing but uncertain how can some one please advise, I have downloaded the appeals guide but find it slightly confusing. Thanks.

Hi s,

The phrases that you have quoted from the medical report are pretty standard.

They are generated by the LiMA software used to generate the reports.

Being placed into the WRAG, does not mean that you are fit for work. You have been assessed as having "Limited Capability for Work. (LCW)

To be placed into The SG, you must be assessed as having Limited Capability for Work Related Activity. (LCWRA)

The only way that you can be placed into The SG is by fulfilling at least one of The SG Descriptors :

SG (LCWRA)Schedule 3 Descriptors

And/Or under 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


Have a look at :

Qualifying for the Support Group

Work Focused Interviews

Work Programme

Changes to ESA Sanctions

From our :

ESA FAQ’s

See also :

How to submit an appeal

How long do I have to appeal?

Is there any risk to challenging a decision?

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

From our : Appeals FAQ’s

This document may also help :

Disability Rights UK Factsheet - Appeals and reconsiderations

If you contact the JCP Adviser, informing them that you have appealed, and would have problems attending The WFI's (if that is the case) they can defer them, carry them out over the phone or even in your home, although they do not have to.

bro58

Thanks for clearing this confusion up