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ESA placed in support group then changed to wrag
- Gordon
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8 years 10 months ago #163142 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA placed in support group then changed to wrag
Michael
I'll try to answer your questions, but I'm afraid some of them will be "because that's the way it is"
The Decision Maker is not medically trained but it is important to understand that you have not been medically assessed, it is a functional assessments of your capabilities, the role of the DM is to evaluate the assessment report, your own evidence and the law to make a Decision.
Placement in the WRAG or the Support Group is a result of the claimant meeting the relevant criteria for the group. There are a list of descriptors that score towards a WRAG award and there is a list descriptors that result in an SG award.
If the DM finds conflicts in the information you have submitted and what has been stated on the assessment report and they are not able to resolve the matter for themselves then they do have access to medical services.
The ESA activity that covers problems with consciousness does not include a Descriptor that gives an SG award.
The ESA assessment process does not require the DM to contact the claimant.
The law requires an assessment be carried out in order to make a Decision on a claim.
Gordon
I'll try to answer your questions, but I'm afraid some of them will be "because that's the way it is"
The Decision Maker is not medically trained but it is important to understand that you have not been medically assessed, it is a functional assessments of your capabilities, the role of the DM is to evaluate the assessment report, your own evidence and the law to make a Decision.
Placement in the WRAG or the Support Group is a result of the claimant meeting the relevant criteria for the group. There are a list of descriptors that score towards a WRAG award and there is a list descriptors that result in an SG award.
If the DM finds conflicts in the information you have submitted and what has been stated on the assessment report and they are not able to resolve the matter for themselves then they do have access to medical services.
The ESA activity that covers problems with consciousness does not include a Descriptor that gives an SG award.
The ESA assessment process does not require the DM to contact the claimant.
The law requires an assessment be carried out in order to make a Decision on a claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 10 months ago #163159 by michael
Replied by michael on topic ESA placed in support group then changed to wrag
Hello Gordon
Please can you tell me where we go from here
Thank you Mike
Please can you tell me where we go from here
Thank you Mike
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8 years 10 months ago #163178 by Gordon
I would start by reading my post from yesterday regarding the Support Group "decision".
As to the WRAG award
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 PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report 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
Replied by Gordon on topic ESA placed in support group then changed to wrag
michael wrote: Hello Gordon
Please can you tell me where we go from here
Thank you Mike
I would start by reading my post from yesterday regarding the Support Group "decision".
As to the WRAG award
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 PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report 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
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