× Members

Demoted into WRAG from Support

More
5 years 3 months ago #224156 by k9feline
Demoted into WRAG from Support was created by k9feline
Hello all, I’m asking for some advice as to what I should do next.

I’ve been in the Support Group for about 3 years but after my latest medical in early December I have just heard that I have been downgraded into the WRAG (despite writing almost the same things in the ESA50 as I had done for the medicals which put me into the Support Geoup). In addition, at this latest medical I even broke down in tears when telling the interviewer that I was suicidal.

One week after the medical I had a crisis (not related to the medical) & when I saw my GP & told him I was suicidal & had decided on a plan of action as to how to end my life, he sent me to A&E with a letter asking for me to be admitted to the psychiatric unit. As it turned out, there were no available beds & so I was placed in the care of the Crisis intervention & home Treatment Team, where I was visited at home regularly by mental health nurses. I was discharged from this team 4 days ago back into the care of my GP.

There is no way I will cope with being made to attend the job centre or any activities related to moving into work; all this will do is bring on another crisis where I will again be planning to take my life.

I don’t know what I need to do now to get the decision changed. I don’t understand the mandatory reconsideration & appeal process, but need to let it be known that I feel their decision is wrong.

Please help point me in the right direction. Thank you.

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

More
5 years 3 months ago #224176 by Gordon
Replied by Gordon on topic Demoted into WRAG from Support
k9feline

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: k9feline

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

More
5 years 3 months ago #224342 by k9feline
Replied by k9feline on topic Demoted into WRAG from Support
Thank you Gordon. The letter from DWP was dated 30 December but only received on 14 January!! So already I have lost 2 of the 4 weeks in which I must make my request for MR.

I have drafted a letter to DWP using the example shown in the link you provided, but as I have no idea what I was marked down on I phoned DWP yesterday (only took 30 minutes to get through to them!) to request a copy of Form ESA85 as well as to place on record that I was going to submit in writing a request for MR. Assuming the form is actually sent to me (the woman I spoke to did sound nice & helpful, but who knows whether she will actually comply with my request), it doesn’t leave me very long in which to get my letter to DWP.

If I receive the form, I will report back here & possibly ask for further advice.

Many thanks again for the help you provide to everybody caught up in the web of benefit problems :)

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

More
5 years 3 months ago #224515 by k9feline
Replied by k9feline on topic Demoted into WRAG from Support
Surprisingly the requested Form ESA85 arrived today & I have just read through it. However, I have no idea where I did or didn’t score points.

I had to laugh when I read that with regard to “Relevant features of clinical examination” there were abnormal findings of my “irritable” mood & “reduced facial expression (which may indicate depression)!! That is the mental health condition that I so clearly detailed on my ESA50 & at the assessment.

In addition, under the heading “Exceptional Circumstanxes” the interviewer agrees I am “suffering from some specific disease or bodily or mental disablement........ there would b a substantial risk to the mental or physical health of any person if they were found not to have limited capability for work” Furthermore, under the heading “Evidence which has led to this opinion” the interviewer states “The ESA50, Med 3 , 113 & previous report indicates that there would be substantial mental or physical risk if the client were found capable of work”.

In view of the above, I have no idea why I have been moved from Support Group to WRAG, bearing in mind I have had 2 attendances at A&E in a state of crisis within the last 18 months - the second of these occurred one week after this medical assessment & I will be giving details in my letter requesting Mandatory Reconsideration.

If you can advise on anything else I can mention when writing to DWP, or whether there is anything I should do to highlight the fragile state of my mental health, I would be much obliged.

Thank you.

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

More
5 years 3 months ago #224532 by Gordon
Replied by Gordon on topic Demoted into WRAG from Support
k9feline

The key phrase is

"there would be substantial mental or physical risk if the client were found capable of work"

this only qualified you for the WRAG to be placed in the Support Group it needs to read

"there would be substantial mental or physical risk if the client were found capable of work-related activity."

Have a look at the section on Substantial Risk in the ESA Claims due to Mental Health in the ESA section.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: k9feline

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.