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Placed in WRAG, reconsideration & other Pitfails:

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black2cat
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11 years 10 months ago - 11 years 10 months ago #106433 by black2cat

Placed in WRAG, reconsideration & other Pitfails: was created by black2cat

Hello and good day.

My partner has been migrated from IB to ESA WRAG. Without a medical.
Please would you kindly help me with the following:

Do you think that he will lose his DLA high rate as he has been placed in the WRAG (as the information contained in his ESA50 was exactly the same as in the DLA original award)
does entry into WRAG automatically trigger this etc?

If we ask for a re-consideration, is it possible he may lose everything as no medical was given? As I assume he may be called for a medical anyway if we follow this route?

And finally, the doctor will support him stating that he cannot attend interviews.
But do you think that the doctor’s intervention will cause him further problems, that he may be forced to have a medical or have his benefits cut? As will not be able to attend interviews.

I have requested a copy of his ESA85A, I guess that the answers revealed here will determine our next move. But I am worried about the re-consideration to support group as some people have been stripped of all their benefits.

Thank you for looking.

Last edit: 11 years 10 months ago by .

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11 years 10 months ago - 11 years 10 months ago #106456 by

Replied by on topic Placed in WRAG, reconsideration & other Pitfails:

black2cat wrote: Hello and good day.

My partner has been migrated from IB to ESA WRAG. Without a medical.
Please would you kindly help me with the following:

Do you think that he will lose his DLA high rate as he has been placed in the WRAG (as the information contained in his ESA50 was exactly the same as in the DLA original award)
does entry into WRAG automatically trigger this etc?

If we ask for a re-consideration, is it possible he may lose everything as no medical was given? As I assume he may be called for a medical anyway if we follow this route?

And finally, the doctor will support him stating that he cannot attend interviews.
But do you think that the doctor’s intervention will cause him further problems, that he may be forced to have a medical or have his benefits cut? As will not be able to attend interviews.

I have requested a copy of his ESA85A, I guess that the answers revealed here will determine our next move. But I am worried about the re-consideration to support group as some people have been stripped of all their benefits.

Thank you for looking.

Hi b2c,

"Do you think that he will lose his DLA high rate as he has been placed in the WRAG (as the information contained in his ESA50 was exactly the same as in the DLA original award)
does entry into WRAG automatically trigger this etc?"

DLA reviews are only generally triggered as the result of a fit for work decision, and even then this should only happen if there was anything in the ESA medical report that was contradictory to the DLA award.

So this should not trigger a DLA review.

"If we ask for a re-consideration, is it possible he may lose everything as no medical was given? As I assume he may be called for a medical anyway if we follow this route?"

There is some risk invoved, however it is not the norm to have a face to face as a result of an appeal against a WRAG decision. :

How to submit an 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

Disability Rights UK Factsheet - Appeals and reconsiderations

See also : Qualifying for the Support Group

From our : ESA FAQ’s

"But do you think that the doctor’s intervention will cause him further problems, that he may be forced to have a medical or have his benefits cut? As will not be able to attend interviews."

No it shouldn't, WFI's can be carried out over the phone, in one's home or they can be deferred, you should contact the JCP Adviser, as these three options are totally at their discretion.

Work Focused Interviews

The Work Programme

bro58

Last edit: 11 years 10 months ago by .

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Gordon
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11 years 10 months ago - 11 years 10 months ago #106457 by Gordon

Replied by Gordon on topic Placed in WRAG, reconsideration & other Pitfails:

black2cat

We are not aware of anybody having their DLA re-assessed as a result of a WRAG placement, so I do not think there is anything to worry about at the moment.

It is unlikely that a face to face will be ordered as the result of a Reconsideration being requested, however, if you appeal and it goes to a hearing, then the probability is a lot higher.

A Fit for Work Decision cannot be made without an assessment being carried out.

While he remains in the WRAG he is required to participate in Work Related Activity, a letter from his GP may help in limiting the activities he may be requested to do, but will not exempt him. A failure to participate can result in his payments being sanctioned.

Things to consider are how strong his case might be both in terms of retaining his current WRAG award and obviously, how he might qualify for the Support Group. I would recommend you read the ESA Claim guides and in particular each of the ESA Descriptors that you think apply, please treat them literally, if it says "at least once a week" or "50m, it means exactly that

Gordon

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

Last edit: 11 years 10 months ago by Gordon.

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