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Dropped from support group to WRAG

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12 years 3 days ago - 12 years 3 days ago #105721 by John
Hi,
I have received a letter today explaining that I need to attend a work focused interview, I called and enquired about this and was told that after my carefully filled in ESA 50 where I used the guides for that I have been now dropped into the WRAG.
I am a little confused because ATOS did not even bother to ask me to attend a medical this time or last time, it is now that even though it has been demonstrated that my condition is worse by the GP letter and the ESA50 that I am in the WRAG (the GP literally says that my condition has worsened)

I am really confused with this decision and the man at the job centre said I could ask for a review but to write them a letter, since then I have learned via this site and others that I must fill in a GL24. When I fill this in could I send a letter along with it and ask for a review and if the the review is not favourable to ask for it to go to an independent tribunal? Here is a draft of the letter I will send any advice from anyone with experience in this matter would be appreciated. I have not received the formal letter stating that I am in the WRAG yet but am told it was sent out on the 7th June, should I wait for that letter and read it before I ask for a review/reconsideration

Many thanks :)

I have today received a letter asking to attend a work-focused interview for employment support allowance. I was however in the support group prior to the last assessment and have now been told that I am in the WRAG group, although I have had no formal correspondence about this to date but have been assured that a letter has been sent. I had sent the ESA50 form in and apparently ATOS has no reason for me to have a medical examination. It has then been decided by a decision maker that I have been downgraded in my ESA status.

The reasons for this have not been outlined and frankly I am confused as to why this decision has been made. It has been demonstrated that my medical condition has worsened and all evidence has been supplied. This in combination with the ATOS decision is overwhelmingly obvious that my state is worse than the time that I was put into the support group but now have been downgraded in status and monetary value. This makes no sense to me, that I was in the support group and now that my condition is worse I have been put into the WRAG.


I feel that this decision is unjust and wrong, and are requesting reconsideration/review for this decision and if the decision remains the same I would like the case to be dealt with at an independent tribunal. Hopefully the person who makes the decision is in concurrence with the General Practioner who takes care of my needs and the health care professional at ATOS who feels that my case does not need an examination.

I do not feel the need to have to add anymore medical information because I have been in this state for so long and have had an indefinite sick note since 2005 and my GP has clearly stated that I have become worse.

It is not justifiable to take away help from someone who has got worse in his or her health. I am seeking help from you to see that I am being treated with the correct service and help. I can not leave my bed at the moment because of my disability and have conveyed this to the jobcentre plus office who have said a work focused interview may be conducted over the phone and that I should get in touch with you to ask for this reconsideration. I feel that a tribunal court case would make me feel very much more ill that I am already. I would like to be reconsidered quickly as this has upset me immensely and I am now suffering even more so due to anxiety and depression that I have because of this situation that has arisen. I would like a copy of the decision maker’s reason for this decision and a copy of the ATOS report and a copy of the ESA 50 that I have sent to you. I would also like you to send me any other evidence the decision maker used to make his or her decision.


I will be keeping copies of this letter to pass on to legal advisors should I need them. I am however sending you the letter from my GP to make it clear that my health is worse than the time I was allocated support group status so that you can see this fact again. I do not see the reason for asking my G.P for more of the same information due to the stress and strain that the NHS is under already. I hope I have made myself clear and a decision can be made swiftly, I will present more updated medical information and witness statements in due course, if and when needed. I would prefer to hear about the initial reconsideration/review first. Please do not hesitate to contact me if you feel that more information is required.
Last edit: 12 years 3 days ago by Gordon.

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12 years 3 days ago #105727 by Gordon
Replied by Gordon on topic Dropped from support group to WRAG
John

You seem to have repeated sections in your post so forgive me if I miss anything.

Unfortunately, it is perfectly possible for a claimant who was previously in the Support Group to be moved to the WRAG on re-assessment, the ESA Descriptors and Regulations were changed in January of this year, and it may be that you are no longer meeting any of the Support Group descriptors because of this.

It is also perfectly possible that they have got it completely wrong!

I am afraid your only way forward is to appeal, please have a look at our ESA Appeal guide which explains how to submit and manage an appeal

www.benefitsandwork.co.uk/help-for-claimants/esa

You will need the Decision notice as the date of the letter is required in order for you to make a valid appeal.

You should also have a look at the following FAQs

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?

If I have missed anything or 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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12 years 3 days ago - 12 years 3 days ago #105729 by John
Replied by John on topic Dropped from support group to WRAG
Hi Gordon

Yes it does look like I have repeated myself but after the smiley :) is where I show a draft of my letter that I am thinking about sending to the DWP

I was just hoping for some feedback from someone about the letter

Thanks :)
Last edit: 12 years 3 days ago by Gordon.

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12 years 3 days ago #105730 by Gordon
Replied by Gordon on topic Dropped from support group to WRAG

John wrote: Hi Gordon

Yes it does look like I have repeated myself but after the smiley :) is where I show a draft of my letter that I am thinking about sending to the DWP

I was just hoping for some feedback from someone about the letter

Thanks :)


It is not really our role to comment on the content of a letter you might want to send to the DWP, however, breaking the rules slightly, I would suggest that you, at the least, have a look at the guide and links I have posted, and if possible the DWP documents surrounding the Decision, before deciding on the content of any letter you might want to send.

Gordon

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