- Posts: 191
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- SUPPORT GRP TO WRAG - GEN APPEAL & SANCTION APPEAL
× Members
SUPPORT GRP TO WRAG - GEN APPEAL & SANCTION APPEAL
- Augustus
- Topic Author
- Offline
Less More
10 years 7 months ago - 10 years 7 months ago #110858 by Augustus
SUPPORT GRP TO WRAG - GEN APPEAL & SANCTION APPEAL was created by Augustus
I have been re-assessed into ESA WRAG from Support and I am concerned about two issues:
1. If I cannot attend WRAG interviews and I am sanctioned, and on general ESA appeal or recon, I get put back into Support with backdating, will I get back the money sanctioned for the time I was technically in WRAG, or is that money lost, whatever the outcome of the appeal?
2. I am guessing, but I think I have been reclassified to WRAG because of a post-2012 change to the exceptional circumstances rule. I was previously put into Support because of this rule.
At assessment, the HCP muttered that the drug regime, prescribed by a consultant neurologist, that I am on for my cluster headache seizures was "mild". The implication is that "better" treatment would make work a possibility.
Does ATOS/DWP have the legal right to dictate specifically what drugs are taken? It is not as if no attempt is being made to manage my condition. The drugs I take are the best compromise, allowing for the worse side-effects of "stonger" drugs. I had in fact taken other drugs, but they left me bed-ridden due to their side-effects.
Can you help with these queries please? Can DWP assume to dictate specific drugs? Could my comments here be incorporated into an appeal?
Thank you
A
1. If I cannot attend WRAG interviews and I am sanctioned, and on general ESA appeal or recon, I get put back into Support with backdating, will I get back the money sanctioned for the time I was technically in WRAG, or is that money lost, whatever the outcome of the appeal?
2. I am guessing, but I think I have been reclassified to WRAG because of a post-2012 change to the exceptional circumstances rule. I was previously put into Support because of this rule.
At assessment, the HCP muttered that the drug regime, prescribed by a consultant neurologist, that I am on for my cluster headache seizures was "mild". The implication is that "better" treatment would make work a possibility.
Does ATOS/DWP have the legal right to dictate specifically what drugs are taken? It is not as if no attempt is being made to manage my condition. The drugs I take are the best compromise, allowing for the worse side-effects of "stonger" drugs. I had in fact taken other drugs, but they left me bed-ridden due to their side-effects.
Can you help with these queries please? Can DWP assume to dictate specific drugs? Could my comments here be incorporated into an appeal?
Thank you
A
Last edit: 10 years 7 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51172
10 years 7 months ago #110859 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SUPPORT GRP TO WRAG - GEN APPEAL & SANCTION APPEAL
Augustus
1. Any Appeal or Reconsideration re-makes the Decision to place you in the WRAG so if you are successful it will be as if you were never in the WRAG, and therefore could not be sanctioned, so any that you acquire should be removed and any monies deducted paid back.
2. Whilst Regulation 35 was amended in January the changes do not encompass the changes you mention in your post, these would be relevant to Regulation 29 which places a claimant in the WRAG.
Both of the Exceptional Circumstances Regulations require the claimant to re-qualify from scratch each time they are assessed, showing that they still meet the criteria, so it is easy to fail to re-qualify if you are unable to provide up to date evidence supporting the risk to you or others.
Gordon
1. Any Appeal or Reconsideration re-makes the Decision to place you in the WRAG so if you are successful it will be as if you were never in the WRAG, and therefore could not be sanctioned, so any that you acquire should be removed and any monies deducted paid back.
2. Whilst Regulation 35 was amended in January the changes do not encompass the changes you mention in your post, these would be relevant to Regulation 29 which places a claimant in the WRAG.
Both of the Exceptional Circumstances Regulations require the claimant to re-qualify from scratch each time they are assessed, showing that they still meet the criteria, so it is easy to fail to re-qualify if you are unable to provide up to date evidence supporting the risk to you or others.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris