Appeal and supporting documentation

Hi
I have been placed in WRAG and am appealing. In my original submission I made the mistake of not including supporting medical information. This has now been rectified and I have sent letters with my appeal from my GP and Nurse specialist. As soon as I got my notification of the being placed in WRAG I asked for the documentation upon which the decision was made, this was 3 weeks ago and I have still not had a reply.
Today I saw my Consultant and apart from being utterly disgusted with the whole process he asked on what basis the decision had been made, that I could be considered for work and why they had not asked for his medical advise. He is happy to send a supporting letter but wants to know more detail.
My questions are:
how long do they have to supply the information I have asked for?
can I use the fact I did not have a medical assessment in my appeal?
and what is reasonable to be asked to involved in a work related activity, I use a wheelchair and my wife comes to the appointments with me, I am concerned about how I can do things like this on my own?
Thank youhttp://www.benefitsandwork.co.uk/media/kunena/emoticons/sad.png

Ray wrote: Hi
I have been placed in WRAG and am appealing. In my original submission I made the mistake of not including supporting medical information. This has now been rectified and I have sent letters with my appeal from my GP and Nurse specialist. As soon as I got my notification of the being placed in WRAG I asked for the documentation upon which the decision was made, this was 3 weeks ago and I have still not had a reply.
Today I saw my Consultant and apart from being utterly disgusted with the whole process he asked on what basis the decision had been made, that I could be considered for work and why they had not asked for his medical advise. He is happy to send a supporting letter but wants to know more detail.
My questions are:
how long do they have to supply the information I have asked for?
can I use the fact I did not have a medical assessment in my appeal?
and what is reasonable to be asked to involved in a work related activity, I use a wheelchair and my wife comes to the appointments with me, I am concerned about how I can do things like this on my own?
Thank youhttp://www.benefitsandwork.co.uk/media/kunena/emoticons/sad.png

Hi R,

As you need to be classed as having Limited Capability for Work Related Activity, (LCWRA) to gain access to The SG, and not just Limited Capability for Work. (LCW) as you do with WRAG entry, it will help if any letters of support tie in the limitations that you suffer as a result of your medical condition with the qualifying SG Descriptors.

SG (LCWRA)Schedule 3 Descriptors

And/Or :

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

bro58

Sorry, I was halfway through answering this when my SIL turned up at the door!

Hi R,

With respect to your other queries, if you have requested personal information under Data Protection Act 1998, they have 40 calendar days to comply, have a look at this post :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=98370#106114

With respect to WFI's and WRA, you are allowed to be accompanied at WFI's, they can be carried our over the phone, in your home, or they can be deferred. All three of these options are at the JCP Adviser descretion.

They should take into account your limitations and make any reasonable adjustments where necessary :

Do I have to attend WFIs while I appeal?

Work Focused Interviews

The Work Programme

Changes to ESA Sanctions

bro58

Mrs Hurtyback wrote: Sorry, I was halfway through answering this when my SIL turned up at the door!

No worries MHB,

I thought something had distracted you.

bro58