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Moved from esa support group to WRAG HELP!

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4 years 2 months ago #256099 by Chris Rabbit
Moved from esa support group to WRAG HELP! was created by Chris Rabbit
Hi everyone.

I received the dreaded brown envelope from the DWP, today. (This is the first contact with them since I filled in a A50 form? Back in December 2019. I was expecting to have to attend a WCA, but I guess they thought that because of all my problems I didn’t need to.) Back to today.. The letter informed me that I have been moved from the support group to the WRAG. This is a major shock to me. I must state that I have not heard anything from the DWP since 2019. I have not filled in a recent A50 form, or attended a WCA. My health is worse than it was back in 2019. How can they just move me to the WRAG? I suffer from various mental and physical problems. I am really suffering because of this letter. Can anybody tell me what is happening? The letter is dated 6th February but only arrived today I have lost ten days from my month to appeal time. I’m desperately worried. Please can someone advise me. I’ll answer any questions ASAP. Happy to show the letter too.. Thanks in advance. Chris

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4 years 2 months ago #256105 by LL26
Hi Chris,

Welcome to Benefits and Work.
I am sorry to hear that your decision from DWP was not what you expected. If you haven't already the member's guides, please do so. Here is the link to ESA appeals page:
www.benefitsandwork.co.uk/help-for-claimants/esa1#appeals

Unfortunately DWP do not always make the correct decision, and therefore you will need to appeal, to see if you can get the Support Group reinstated. Sometimes there appears to be little or no reason behind the decision that DWP has made. That said, if you did not provide sufficient detail on the A50 form this can easily make DWP think that your condition has improved.

Firstly, you will need to send in a Mandatory Reconsideration Letter. You can do this by phone, but always send a letter as well.
You will need to explain that you have been in the Support Group for x time, and nothing has changed. Explain that your difficulties have become worse, and give examples. (This is probably why it is easier to do in writing.) You can use your A50 form, if you have a copy, and if necessary give much more detail. The ESA guides on the website will help.
www.benefitsandwork.co.uk/help-for-claimants/esa1#claims

If you have recent medical evidence send this in. You haven't got much time, but you can ask for an extension if need be. (Phone up DWP (ESA) and ask.) Alternatively, if you don't have actual medical reports, you could see if you could get an appointment with your GP, and explain that you are no longer in the support group, and how stressed and worried you are. Ask your GP if he would write a letter that you could send in to DWP confirming why you should be in the support group. Even if GP can't send a letter, you should be entitled to a copy of your medical records, which I am sure will help with your appeal. If your medication has remained the same or increased, then also explain this to DWP.

If the Reconsideration letter does not change you benefit, then I am afraid that you will need to appeal to the tribunal. The success rate at tribunal is very good, so do not be disheartened if DWP refuse to revise their decision initially. You may wish to contact a local advice centre, such as CAB - it is likely that an advisor can go through the decision and appeals process, and potentially help draft your initial Mandatory Reconsideration letter. Unfortunately we can only give generic advice on this forum.
A list of advice centres can be found here:
advicelocal.uk/

I appreciate that the whole business of claiming ESA (and other benefits!) is not easy. However, please don't give up.

Wishing you every success. Good luck.

LL26

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

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4 years 2 months ago #256107 by Chris Rabbit
Replied by Chris Rabbit on topic Moved from esa support group to WRAG HELP!
I haven’t filled in a A50 form. At least not recently.. That’s what is upsetting me. If I had filled in the form, and this was the result, then that’s fair enough. I haven’t heard from the DWP since December 2019. This letter came out of the blue. Just to be clear. I haven’t filled in a a50 form. The DWP appears to have made an arbitrary decision..

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4 years 2 months ago #256115 by Gary
Hi Chris

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work .

In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

The first thing you need to do is request a copy of the assessors report (ESA 85)

Understand that the assessor is offering an opinion when they say that you can do the ESA activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.

Also, try and stick to issues that lead you to scoring on the support group descriptors, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't get placed in the support group if you do not meet the ESA Descriptors.

Come back to the forum if you have any further questions.

Gary

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

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