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4 years 2 weeks ago #258291 by n1bs
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Hi
am wondering if you can possibly help me please!
My brother has been notified he is to be placed into WRAG
with mention of potential interviews already causing distress
He suffers with depression,anxiety & agoraphobia
After requesting copy of report I am confused,to say the least, ref Support Group Descriptors
these are the HCPs notes:
Coping With Change
'cannot cope with minor change [such as the timing of an appointment on the day it is due to occur],to the extent that overall day to day life is made signficantly more difficult'
Coping With Social Engagement........
'Engagement in social contact with someone unfamiliar is always precluded due to difficulty relating to others or significant distress experienced by the individual.'
{For all non relevant activities it is clearly marked 'none of the above reply']
These activity notes are then both expanded on in more detail with examples that were given at the time which confirm these difficulties.
{For all non relevant activities it is clearly marked 'none of the above reply']
Furthermore in the Summary it states
'therefore,significant disability is likely in the areas of coping with change,getting about & coping socially':
Am i missing something or are these two activities not sufficient to ensure that he should be placed into the Support Group?
There are other matters that I could address with what has been stated by the HCP
but unsure if i should detail them too as the above seems as though it is quite clear what decision would/should be expected.
Any thoughts/advice would be greatly appreciated in this matter
Regards
n1bs
[hope ive not duplicated this post but on first attempt to publish it stated i was logged out]
am wondering if you can possibly help me please!
My brother has been notified he is to be placed into WRAG
with mention of potential interviews already causing distress
He suffers with depression,anxiety & agoraphobia
After requesting copy of report I am confused,to say the least, ref Support Group Descriptors
these are the HCPs notes:
Coping With Change
'cannot cope with minor change [such as the timing of an appointment on the day it is due to occur],to the extent that overall day to day life is made signficantly more difficult'
Coping With Social Engagement........
'Engagement in social contact with someone unfamiliar is always precluded due to difficulty relating to others or significant distress experienced by the individual.'
{For all non relevant activities it is clearly marked 'none of the above reply']
These activity notes are then both expanded on in more detail with examples that were given at the time which confirm these difficulties.
{For all non relevant activities it is clearly marked 'none of the above reply']
Furthermore in the Summary it states
'therefore,significant disability is likely in the areas of coping with change,getting about & coping socially':
Am i missing something or are these two activities not sufficient to ensure that he should be placed into the Support Group?
There are other matters that I could address with what has been stated by the HCP
but unsure if i should detail them too as the above seems as though it is quite clear what decision would/should be expected.
Any thoughts/advice would be greatly appreciated in this matter
Regards
n1bs
[hope ive not duplicated this post but on first attempt to publish it stated i was logged out]
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- Catherine
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4 years 2 weeks ago #258294 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic WRAG
Hello n1bs,
Unfortunately the descriptors you have given in your post are not ones which qualify you for the Support Group.
For Coping with Change the Descriptor for the Support Group is ‘Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed’ and for Coping with Social Engagement the Descriptor is ‘Engagement in social contact is always precluded due to difficulty relating to others or significant distress experience by the individual.’
The ways into the Support Group are explained in our guide (have a look at the first link).
UC & ESA resources
If you scroll down a little further you will find information about requesting a MR or even going to appeal on an ESA decision.
Please do come back to us if you have any more questions,
Catherine
Unfortunately the descriptors you have given in your post are not ones which qualify you for the Support Group.
For Coping with Change the Descriptor for the Support Group is ‘Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed’ and for Coping with Social Engagement the Descriptor is ‘Engagement in social contact is always precluded due to difficulty relating to others or significant distress experience by the individual.’
The ways into the Support Group are explained in our guide (have a look at the first link).
UC & ESA resources
If you scroll down a little further you will find information about requesting a MR or even going to appeal on an ESA decision.
Please do come back to us if you have any more questions,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 week ago #258366 by n1bs
Replied by n1bs on topic WRAG
Thank you kindly Catherine for your reply
I was grateful that he was at least awarded the ESA
though had intended talking to his GP & filing a MR
but i'm unsure there is any real point in doing so now?
I had imagined him coming so close to a couple of these
main descriptors along with everything else that it would
have had a cumulative effect & support the claim.
Would a GPs letter not have any effect at all?
Am concerned that it's as if he's being 'set up to
fail' if they expect him to attend interviews in person & alone
as I sadly do not live close by to accompany him on them.
Unfortunately the Psychiatric Nurse from the local CMHT
who had accompanied him on a WCA [+other appointments]
left without warning a few years ago & he somehow lost touch
with them
In the assessment summary it does state him having
'some risk factors' so along with the previous quote
''therefore,significant disability is likely in the areas of
coping with change,getting about & coping socially':
do you think/have any knowledge there is a chance
that a telephone interview would be considered instead if requested?
Apologies for repeating myself somewhat here
but my head is spinning atm.
[sent this message on the 13th & 14th too & was notified it was successful both times via pop up but not seeing topic updated have therefore resent-sorry if its just due to a delay/
tech difficulty your end]
I was grateful that he was at least awarded the ESA
though had intended talking to his GP & filing a MR
but i'm unsure there is any real point in doing so now?
I had imagined him coming so close to a couple of these
main descriptors along with everything else that it would
have had a cumulative effect & support the claim.
Would a GPs letter not have any effect at all?
Am concerned that it's as if he's being 'set up to
fail' if they expect him to attend interviews in person & alone
as I sadly do not live close by to accompany him on them.
Unfortunately the Psychiatric Nurse from the local CMHT
who had accompanied him on a WCA [+other appointments]
left without warning a few years ago & he somehow lost touch
with them
In the assessment summary it does state him having
'some risk factors' so along with the previous quote
''therefore,significant disability is likely in the areas of
coping with change,getting about & coping socially':
do you think/have any knowledge there is a chance
that a telephone interview would be considered instead if requested?
Apologies for repeating myself somewhat here
but my head is spinning atm.
[sent this message on the 13th & 14th too & was notified it was successful both times via pop up but not seeing topic updated have therefore resent-sorry if its just due to a delay/
tech difficulty your end]
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4 years 1 week ago #258406 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic WRAG
Hello n1bs,
Sorry for the delay in responding to your posts, they are all here, but I have left the first couple hidden away since they are duplicates.
I am not able to advise on whether or not it is worth going to MR and possibly to appeal since that is beyond the scope of this forum. Clearly if you do nothing, then nothing will change, and that might be a secure scenario which you both prefer. If you request an MR, then there is the remote possibility that he could lose his reward, but if that were to happen you could always appeal.
If you have additional evidence, e.g. a supporting letter from the GP you could certainly send that in, and additional evidence never does any harm. Do you have a copy of the assessment report yet? That might help you to decide if you wish to challenge the original decision.
I have never heard of a MR being anything other than a paper review carried out by the Decision Maker. You are simply asking the DWP to 'review' their original decision.
If you were still unhappy with the outcome of that then you can appeal. It is unclear how the tribunal service will work in a post covid world, but at the moment all their hearings are over the phone. When you make an application to appeal you have the option of requesting a hearing, where you actually speak to the tribunal panel, or a paper based decision, where you do not. In my experience I prefer a hearing, but I have opted for paper based decisions where the claimant is unable to attend a hearing. The Tribunal do have the option of requesting a hearing, regardless of what you ask for, if they feel that this is the best way to go. If the GP is willing to give you a letter saying that travelling for a face to face assessment would cause over whelming psychological distress, this would probably help.
I hope this helps a little and please do come back to us if you have any more questions,
Catherine
Sorry for the delay in responding to your posts, they are all here, but I have left the first couple hidden away since they are duplicates.
I am not able to advise on whether or not it is worth going to MR and possibly to appeal since that is beyond the scope of this forum. Clearly if you do nothing, then nothing will change, and that might be a secure scenario which you both prefer. If you request an MR, then there is the remote possibility that he could lose his reward, but if that were to happen you could always appeal.
If you have additional evidence, e.g. a supporting letter from the GP you could certainly send that in, and additional evidence never does any harm. Do you have a copy of the assessment report yet? That might help you to decide if you wish to challenge the original decision.
I have never heard of a MR being anything other than a paper review carried out by the Decision Maker. You are simply asking the DWP to 'review' their original decision.
If you were still unhappy with the outcome of that then you can appeal. It is unclear how the tribunal service will work in a post covid world, but at the moment all their hearings are over the phone. When you make an application to appeal you have the option of requesting a hearing, where you actually speak to the tribunal panel, or a paper based decision, where you do not. In my experience I prefer a hearing, but I have opted for paper based decisions where the claimant is unable to attend a hearing. The Tribunal do have the option of requesting a hearing, regardless of what you ask for, if they feel that this is the best way to go. If the GP is willing to give you a letter saying that travelling for a face to face assessment would cause over whelming psychological distress, this would probably help.
I hope this helps a little and please do come back to us if you have any more questions,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 week ago #258411 by Gaddy
Replied by Gaddy on topic WRAG
Hi n1bs
I was also put in the WRAG and therefore was contacted to attend an interview. This was after an appeal to get my ESA reinstated.
I took the evidence I had submitted to the the appeal with me on the first appointment to show to the advisor- she was shocked that I had not been placed in the support group and from then my appointments have been conducted over the telephone and not very frequently. In fact I have not had one since 6 months before covid struck.
Perhaps I have been fortunate but it seems it is possible they have the wriggle room to conduct these appointments by telephone.
I am not sure how your brother can avoid the initial appointment but perhaps a letter with supporting evidence sent direct to the advisor may work.
I hope this information helps.
Best wishes,
Gaddy
I was also put in the WRAG and therefore was contacted to attend an interview. This was after an appeal to get my ESA reinstated.
I took the evidence I had submitted to the the appeal with me on the first appointment to show to the advisor- she was shocked that I had not been placed in the support group and from then my appointments have been conducted over the telephone and not very frequently. In fact I have not had one since 6 months before covid struck.
Perhaps I have been fortunate but it seems it is possible they have the wriggle room to conduct these appointments by telephone.
I am not sure how your brother can avoid the initial appointment but perhaps a letter with supporting evidence sent direct to the advisor may work.
I hope this information helps.
Best wishes,
Gaddy
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4 years 1 week ago #258422 by n1bs
Replied by n1bs on topic WRAG
Many thanks Catherine & Gaddy
You have both given me some new ideas/options to consider
For which I am truly grateful
Regards & Best Wishes
n1bs
You have both given me some new ideas/options to consider
For which I am truly grateful
Regards & Best Wishes
n1bs
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