WRAG

Thank you very much Gordon.

mumsgirl wrote:

Crazydiamond wrote:

butterlyfudgie wrote:

I have been exempt on IB for several years, and am being transferred to ESA. I got a letter from Atos saying I would not need to go for a medical this time, which I took to mean that I would be in the Support Group, but I have had the dreaded letter which states I'm in the WRAG group, and must prepare for work.

Now, how can I be exempt on IB, don't need a medical for ESA(I've got Fibro and MH stuff, agrophobia being one)and yet be well enough to prepare for work?

I'm 56, who would employ me anyway? The annoying thing is if they hadn't changed the age of retirement I would only be 3 years away from retirement bah humbug

Anyway, the question being, should I appeal? Or just be grateful to not be put on JSA. Truth to tell, I'm gutted, the thought of going to the Job Centre makes me feel ill!

Ask your local JCP office for a copy of forms ESA65 and ESA85A, to ascertain how many points were scored for the WCA. The ESA85A will also give you an indication as to why you were placed in the WRAG?

It is important to lodge an appeal as soon as possible, and certainly within one month of the date on the decision letter. You can do this by completing form GL24. You can withdraw an appeal at any time up to the date of the hearing, so having received the relevant forms from the DWP, if you think that the chances of a successful appeal for allocation to the support group would be limited and put your existing award of ESA at risk, you are entitled at this juncture to withdraw the appeal.

If you have to appeal but don't receive the ESA65/85a from them in time what should you write on the GL24 because you wouldn't know where you got and didn't get the points, if you know what I mean, so you don't know what your appealling about? I hope that makes sense!

You don't have to give the full reasons at this stage because as you have correctly said, the appellant will not have all the evidence.

It would be sufficient to put on the form GL24 words to the effect, "I disagree with the decision to place me in the work-related activity group, when I believe I should be allocated to the support group because of my illness/disability. I will give the full reasons for the grounds of my appeal when I receive all the evidence I require from your office."

The ESA65 and ESA85A can be requested at the same time that the form GL24 is submitted to the DWP, and the full grounds of appeal can be lodged when the DWP submission to the tribunal is prepared and sent to the appellant by the Tribunals Service. Indeed, this would be the optimum time to respond with the full grounds of appeal, as the totality of the evidence will be available to the appellant at this point in time.

Thanks to everyone for your help, yesterday I was just going to leave it, but I think I will follow the advice given here and start the process for an appeal. As you say, I can cancel the appeal at any time.

My biggest problem is that our local Welfare Rights org. has been closed down, CAB are run off their feet so I am unsure who to ask for help. The annoying thing is that I do have a Social Worker (MH) but it's virtually impossible to see him.

I wonder if I can get any help from MIND or Age Concern.

Thanks everyone,I feel a bit more positive today!

Welcome to the ever increasing world of WRAG with no medical.

How can they take away your ESA without a medical if the onus of proof is on the DWP they should of at least offer a medical before the tribunal. What they are saying is that we dont beleive you have met the descriptor criterea, so you are in the WRAG. surely some form of medical should be performed, other wise people could put anything down on any descriptor. After all you dont get a job without an interview no matter how good your CV is.

confused13 wrote:

Welcome to the ever increasing world of WRAG with no medical.

How can they take away your ESA without a medical if the onus of proof is on the DWP they should of at least offer a medical before the tribunal. What they are saying is that we dont beleive you have met the descriptor criterea, so you are in the WRAG. surely some form of medical should be performed, other wise people could put anything down on any descriptor. After all you dont get a job without an interview no matter how good your CV is.

Hi C,

A claimant cannot be classed as "fit for work" without first having a face to face.

Being in WRAG is not classed as fit for work.

Whilst in WRAG, you cannot be compelled to actively seek, or take up employment.

cheers

bro58