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WRAG Appeal or Not !

  • Dee Dee
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10 years 9 months ago - 10 years 9 months ago #106982 by Dee Dee
WRAG Appeal or Not ! was created by Dee Dee
I have migrated from IS to ESA and been placed in the WRAG. I would like to appeal this decision but have been given so much conflicting advice, my head is spinning. To-day CAB told me to be grateful i was in wrag as most cases they are dealing with are people who have lost their benefit following an assessement. They advise that "unless i was half dead" , if i appealed i would most likely loose my ESA as well, but it was up to me !!!. I phoned the Income Support reassesment unit and was told if i want to appeal i only have a few days left, they will look at it again but in the absence of any further evidence, the decision would stand. I haven't seen any paperwork, but there are two things i think i can get a supporting letter for from my doctor. (a) I cannot mobilise more than 50mtrs without pain/discomfort, breathless etc (b) I have a lump on the lymph gland on my face which has caused some swelling, muscle weakness and pain when trying to eat, and i have to stop because it becomes painful and uncomfortable ,or anxiety/depression/panic attacks, which have not been made worse because of this situation. I don't know what to do, either attend the WRAG (which i don't feel i could handle too well ) of have confidence that i can be put into the SG....HELP!!
Last edit: 10 years 9 months ago by . Reason: Tick.

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  • Dee Dee
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10 years 9 months ago - 10 years 9 months ago #106991 by Dee Dee
Replied by Dee Dee on topic WRAG Appeal or Not !
Sorry forgot to ask ....On submitting an appeal on the WRAG decision, once i have viewed all the paperwork, if i feel i would have little chance of being placed into the SG, can i withdraw my appeal at any time without loosing my ESA. On submitting an appeal, when they review it, can the decision maker if they want to, take away your ESA, or this only done by a tribunal, any information as to how frequently this happens to people appealing this decision. If i submit a doctors letter after my GL24 , can it be looked at once again by a DM or does it have to proceed to appeal regardless. :(
Last edit: 10 years 9 months ago by Gordon.

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10 years 9 months ago #106998 by Gordon
Replied by Gordon on topic WRAG Appeal or Not !
DeeDee

To try and answer your questions.

Welfare Advisors have a higher than normal success rate with appeals because they only choose cases where they think they can win, this does not mean that those cases that they do not represent will not be successful, many of the members have represented themselves successfully when appealing for the Support Group from the WRAG.

There is a risk associated with challenging a Decision, as all aspects of your case will be reviewed, first by the DWP and if they do not revise the Decision, by the Tribunal Service. You can withdraw an appeal at any time with no fault to you, but the situation is a lot less clear in regard the Reconsideration that the DWP do and I could not say with certainty that if you change your mind that the DWP will abandon any review they are doing.

So you should look carefully at how strong your case is for the SG and how well you did in regard to being placed in the WRAG.

You should have a look at the following for more information

Our ESA Appeal guide

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

and the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Do I have to attend WFIs while I appeal?

If you have more questions, please reply to this post.

Gordon

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