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esa, appeal or not
- ploppy
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13 years 9 months ago #48526 by ploppy
esa, appeal or not was created by ploppy
hi,
i was las year put in the support group after my atos medical. this year my medical was canc.the day before due to whatever my doctor said to them,a new doctor who has never met me. i then get a letter to say i,m in the wrag group. within 2 weeks i have a letter to go on pathways. i sent a letter to atos asking their reasons why they had put me in the wrag group, still waiting for reply.meanwhile i rang up pathways and explained about not having a medical and how hard it would be to attend. she said to wait for the reasons atos has put me in the wrag group and deferred pathways for 4 weeks. i am on my own with no support worker as whenever u need one it takes around 6 weeks before someeone can see me. is it best to to ask for them to review my case or appeal, or as i must eventually attend pathways, try and suffer with that and then be left alone once its over for a while.
i was las year put in the support group after my atos medical. this year my medical was canc.the day before due to whatever my doctor said to them,a new doctor who has never met me. i then get a letter to say i,m in the wrag group. within 2 weeks i have a letter to go on pathways. i sent a letter to atos asking their reasons why they had put me in the wrag group, still waiting for reply.meanwhile i rang up pathways and explained about not having a medical and how hard it would be to attend. she said to wait for the reasons atos has put me in the wrag group and deferred pathways for 4 weeks. i am on my own with no support worker as whenever u need one it takes around 6 weeks before someeone can see me. is it best to to ask for them to review my case or appeal, or as i must eventually attend pathways, try and suffer with that and then be left alone once its over for a while.
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- Gordon
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13 years 9 months ago - 13 years 9 months ago #48535 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:esa, appeal or not
ploppy
You can ask for a Reconsideration, but the success rate is relaively low, if the decision is not in your favour then you can appeal.
You can appeal, in which case the DWP are obliged to carry out a Reconsideration.
Until the Decision is changed, I am afraid you are obliged to follow the rules of the WRAG, this includes attendance at WFIs. It is possble to have them deferred, but they cannot be cancelled.
Gordon
You can ask for a Reconsideration, but the success rate is relaively low, if the decision is not in your favour then you can appeal.
You can appeal, in which case the DWP are obliged to carry out a Reconsideration.
Until the Decision is changed, I am afraid you are obliged to follow the rules of the WRAG, this includes attendance at WFIs. It is possble to have them deferred, but they cannot be cancelled.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 9 months ago by Gordon.
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- ploppy
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13 years 9 months ago #48540 by ploppy
Replied by ploppy on topic Re:esa, appeal or not
hi gordon, if i have to do this pathways as it cant be deferred forever, would it not, maybe be best to do that and save the appeal / reconsideration. surely it would save all that worry and hastle or am i missing something.
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- FoxyLady2
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13 years 9 months ago #48543 by FoxyLady2
Replied by FoxyLady2 on topic Re:esa, appeal or not
Surely they can't change which group you are in without a medical taking place ??? particularly moving from support group to work related group?
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- Gordon
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13 years 9 months ago #48546 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:esa, appeal or not
ploppy wrote:
- You get extra money for being in the Support Group.
- You are not required to carry out Work Related Activity. If passed the new Welfare Refrm Bill will revise the definition of WRA to include "work".
- If you are receiving ESA(CB) amd are in the WRAG, then the new Welfare Reform bill will limit your eligibility to one year after which you will have to claim ESA(IR subject to a means test.
If you do decide to appeal, then you should seek face to face advice with your local CAB or Welfare Rights, as you will need to gather evidence and present a case.
Gordon
Only you can decide whether you believe you should be in the Support Group or not, however, some of the things that you should consider are;hi gordon, if i have to do this pathways as it cant be deferred forever, would it not, maybe be best to do that and save the appeal / reconsideration. surely it would save all that worry and hastle or am i missing something.
- You get extra money for being in the Support Group.
- You are not required to carry out Work Related Activity. If passed the new Welfare Refrm Bill will revise the definition of WRA to include "work".
- If you are receiving ESA(CB) amd are in the WRAG, then the new Welfare Reform bill will limit your eligibility to one year after which you will have to claim ESA(IR subject to a means test.
If you do decide to appeal, then you should seek face to face advice with your local CAB or Welfare Rights, as you will need to gather evidence and present a case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 9 months ago #48547 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:esa, appeal or not
FoxyLady2 wrote:
Gordon
Unfortunately they can as the medical for the Support Group has been suspended. if Ploppy failed to show in her ESA50 that she met the Support Group criteria, despite already being in it, a Decision Maker could decide that she was no longer eligible.Surely they can't change which group you are in without a medical taking place ??? particularly moving from support group to work related group?
Gordon
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