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IB TO WRAG

  • francine73
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #105867 by francine73
IB TO WRAG was created by francine73
I've been awarded both contribution-based and income-related ESA. I have multiple medical problems and receiving IB & DLA for several years. As my list of diagnosed medical problems is getting longer every year, I'm getting worse, not better, so am shocked by the decision to put me in WRAG. I had an ATOS home assessment.

I phoned DWP today and requested Form GL24 to appeal and also requested copy of ATOS assessor's report.

The lady I spoke to volunteered the information that 'prognosis is 2 years from April 2013'. When I asked what it meant, she said she was unable to say, she was just reading it from a screen and had no other information.

I'm very concerned about having to take part in work-related activities as they would make my conditions worse (plus it seems rather silly as I definitely am not going to get better). GP said before my assessment he would help me fight if I wasn't put in support group, but he doesn't know much about DWP/ATOS procedures etc. I'll be seeing him later this week and am writing you to ask whether a sick note would exempt me from the work-related activities?

I know from reading your (very helpful) site that if I don't turn up there will be financial sanctions.

Many thanks.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #105875 by Gordon
Replied by Gordon on topic IB TO WRAG
Francine

You are already, by definition, not Fit for Work, so I am afraid that a Fit Note will not excuse you from being required to participate in Work Related Activity.

Any WRA that you asked to do must take into account any limitations that result from your condition(s), so your GP may be able to help you there.

If you intend to appeal, then you should have at the following

Our ESA Appeal guide

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

and 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 you have any further 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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  • francine73
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #105889 by francine73
Replied by francine73 on topic IB TO WRAG
Hi Gordon, thank you for the information.

I've had a look at it and feel that I now have a dilemma because receiving the Limited Capability for Work Additional Sum means that I receive the same amount as I do on IB and wouldn't want to risk losing that extra amount by challenging the category I'm in. My medical problems are well-documented by hospital, but ATOS were sent copies of all important clinic letters with GP report so I'm going to have to do some hard thinking before appealing.

Q. I'd just like to ask: are there any benefits to being in the support group other than not having to engage in work-related activities?

Q. and just one more query please - the DWP said when I phoned that the prognosis is "two years from April 2013". Does this mean that I'm safe in the WRAG group for two years, or that they will be expecting me to be back at work by then, or something else maybe?

francie
Last edit: 11 years 10 months ago by Gordon.

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  • francine73
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11 years 10 months ago #105890 by francine73
Replied by francine73 on topic IB TO WRAG
p.s. it was very useful to hear that any WRA activities would have to take account of my limitations.

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11 years 10 months ago #105892 by Gordon
Replied by Gordon on topic IB TO WRAG

francine73 wrote: Hi Gordon, thank you for the information.

I've had a look at it and feel that I now have a dilemma because receiving the Limited Capability for Work Additional Sum means that I receive the same amount as I do on IB and wouldn't want to risk losing that extra amount by challenging the category I'm in. My medical problems are well-documented by hospital, but ATOS were sent copies of all important clinic letters with GP report so I'm going to have to do some hard thinking before appealing.

Q. I'd just like to ask: are there any benefits to being in the support group other than not having to engage in work-related activities?

Q. and just one more query please - the DWP said when I phoned that the prognosis is "two years from April 2013". Does this mean that I'm safe in the WRAG group for two years, or that they will be expecting me to be back at work by then, or something else maybe?

francie


1. As you were transferred from IB you will be receiving Contribution Based ESA, whilst you remain in the WRAG your payments will be limited to 365 days after which they will cease, if you are also eligible for Income Related ESA then payments can be continued.

In addition the Support pays an additional £6 and change.

2. In principle yes, however, the time between assessments is not part of the Decision so you can be re-assessed at any time but it would be unusual for the DWP to re-assess a claimant significantly earlier than the prognosis date, typically a new ESA50 will be issued two months in advance.

Gordon

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

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  • francine73
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #105897 by francine73
Replied by francine73 on topic IB TO WRAG
Thanks Gordon.

Plenty to think about but my gut instinct right now is to go with the flow especially if they do indeed take medical problems into account for WRA.

francine
Last edit: 11 years 10 months ago by .

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