Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:

Remember me. Note: ticking this may affect members file download ability.
Members
  • Page:
  • 1

TOPIC: ESA Decison WRAG appeal question..

ESA Decison WRAG appeal question.. 1 year 2 months ago #155977

Hi,
I received my decision from my WCA into the WRAG group end of last week. As a subscriber I used the guide provided. so first off thanks for this guide was invaluable, really was.. recommend it to anyone filling in that terrible form ESA50 ;0)

However I have a question regarding appealing a WRAG decision. I do realise it is generally perceived that its much harder for success with appeals from WRAG to Support Group, but my main concern is the risk of losing my entitlement altogether.

Does this risk start the moment you request a Mandatory Reconsideration or mainly if it has to go to an Appeal Tribunal? I am considering requesting a MR but unsure of any risks in doing so?

Any advice appreciated

Please Log in or Create an account to join the conversation.

ESA Decison WRAG appeal question.. 1 year 2 months ago #156017

jotei

Both a Mandatory Reconsideration and an Appeal remake the original Decision and can therefore reach any Decision that was available at that time this means that they can both leave the award as it is, place you in the SG or remove the award. The Judge of an appeal is required to notify the claimant if they believe there is a risk to the claimants current award so that they can withdraw the appeal. There no such requirement on the DWP.

A good place to start is to look at the SG Descriptor(s) that you believe that you meet and see how reasonable that it?

Next consider your placement in the WRAG, did you only score the 15 points required or did you score higher?

Gordon

Please Log in or Create an account to join the conversation.

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

ESA Decison WRAG appeal question.. 1 year 2 months ago #156048

Thanks for the advice Gordon. Unfortunately I am unaware at this stage (only received WRAG decision letter on Friday last week) what my actual points total was.
I assume that I would need to request my ESA85 I believe, which outlines my assessment points and details of my WCA.
My doctor provided written evidence which I submitted prior to my WCA and I believe (so the assessor said anyway) that they would get details from my CBT therapist. I was accompanied by a family member as I am unable to leave the house alone and the WCA was recorded.

Please Log in or Create an account to join the conversation.

ESA Decison WRAG appeal question.. 1 year 2 months ago #156057

jotei1966 wrote: Thanks for the advice Gordon. Unfortunately I am unaware at this stage (only received WRAG decision letter on Friday last week) what my actual points total was.
I assume that I would need to request my ESA85 I believe, which outlines my assessment points and details of my WCA.
My doctor provided written evidence which I submitted prior to my WCA and I believe (so the assessor said anyway) that they would get details from my CBT therapist. I was accompanied by a family member as I am unable to leave the house alone and the WCA was recorded.


Yes you need to request a copy of the ESA85, this can be done over the phone.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs Hurtyback
Time to create page: 2.127 seconds