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TOPIC: ESA to WRAG

ESA to WRAG 3 months 1 week ago #166880

Hi Gordon,

You're correct I havn't had the MR letter. In April 2013 I scored zero points at the ATOS assessment centre. When I received my DWP decision maker letter it pointed out all the areas (descriptors) I supposedly failed.

I applied straight away to the DWP for an appeal form I think it was a GL24.The DWP D.M then phoned me. I explained my condition how it affected my day to day living etc. The D.M then said she would reconsider my claim.

About four weeks passed and I received a letter stating : after looking at your case again we have placed you in the SG. No explanation was given for this Decision. However the letter was signed off with the following: The D.M and appeals team have ruled in your favour.

Two weeks after receiving the D.M letter I received another letter from the appeal team stating : my appeal had been heard and I'd won my case. I hadn't even returned the appeal form. So I've no idea how I won the appeal

I tried phoning the DWP. Unfortunately the call centre the DWP use claimed they had no idea about my case. I believe I qualified under exceptional circumstances,because of being a danger to myself and others due to sudden loss of consciousness during waking moments.
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ESA to WRAG 3 months 1 week ago #166893

  • Gordon
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poppysammy

To meet the Exceptional Circumstances criteria for the SG you will need to show your being required to perform Work Related Activity would present a harm to you or others, the DM is saying that they see this as a problem.

The EC's require up to date evidence to support them, I'm afraid your potentially qualifying under these in 2013 will not be taken into account now.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 3 months 1 week ago by Gordon.
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ESA to WRAG 3 months 1 week ago #166931

Gordon,

The DWP has up to date evidence of my condition. Since,2013 my condition has got worse not better. My hospital healthcare team require me to visit every three months.

The DM letter states the following: He is under specialist care and they have been unable to determine a successful treatment plan up to now. Although he does not always loose consciousness he is unaware with altered consciousness.Therefore a significant disability is likely for consciousness.

I guess I'll give the DWP DM another week before chasing up the MR.

P.s my Examination and interview started : 09:00
Examination and interview ended : 11:00
Time report completed : 13 : 15

Pps. I thought the report was filled in during the examination and interview process?
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ESA to WRAG 3 months 1 week ago #166948

  • Gordon
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poppysammy

The bulk of the report is produced during the assessment, but it is completed after.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA to WRAG 2 months 4 weeks ago #167782

Update: After waiting four weeks my Mandatory Recondsideration arrived today. Unfortunately the DM has been unable to change the original decision. The DM then said it is accepted you are not fit for work at present. The issue is whether you can do work related activity.

The letter states: having regard for your circumstances,in particular your health or medical condition.Work related activity does not require you to seek,apply for or undertake work.
Then the following: Types of work related activity that may be available to you. Accessing website 'learn my way' to gain/improve computer skills.

Then the following: An example of the most demanding type of work related activity could be accessing the support of the One in Six project to increase your employability skills.This is the most demanding for you as it would require you to attend their premises for half a day a week.

You have limited capability for work but not work related activity.

Finally: The Mandatory Recondsideration Notice doesn't include any Appeal forms. However,the MRN states: You have one month to appeal.
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ESA to WRAG 2 months 4 weeks ago #167801

  • Gordon
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poppysammy

There are links to the SSCS1 form needed to request an appeal in the ESA Appeal guide along with instructions on how to complete it.

The DM's comments suggest that you raised issues of your being able to work, being in the WRAG it is accepted that you are unfit for Work, to be placed in the SG you either need to show that you meet one or more of the SG Descriptors or that you or someone else would be at substantial risk of harm if you asked to perform Work Related Activity. The DWP have provided you with a list of WRA that they believe you could perform without harm.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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