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Can't believe the decision has come back as WRAG!!

  • Carol Cane
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11 years 5 months ago - 11 years 5 months ago #104422 by Carol Cane
I am writing this on behalf of my Wife who has received notification today that her Incapacity Benefit will be transferred to ESA but the work related one. She suffers with chronic ME/CFS, Chronic daily headache syndrome, IBS, menopause symptoms, to name but a few!!
She is suffering from stress already due to all this questioning over her benefit and I am also suffering as a result.
We know that an appeal would be the best way to go but don't want to risk losing the benefit altogether!
Can anyone advise please? We are both losing the will to live.
Having a threat of losing benefit if she cannot attend a work interview (which is very likely) is just wrong.
HELP!!!!!!
Last edit: 11 years 5 months ago by . Reason: Tick.

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11 years 5 months ago #104430 by Gordon

CC wrote: I am writing this on behalf of my Wife who has received notification today that her Incapacity Benefit will be transferred to ESA but the work related one. She suffers with chronic ME/CFS, Chronic daily headache syndrome, IBS, menopause symptoms, to name but a few!!
She is suffering from stress already due to all this questioning over her benefit and I am also suffering as a result.
We know that an appeal would be the best way to go but don't want to risk losing the benefit altogether!
Can anyone advise please? We are both losing the will to live.
Having a threat of losing benefit if she cannot attend a work interview (which is very likely) is just wrong.
HELP!!!!!!


I am afraid there is no way that we can quantify the risk to her existing award.

It does not happen very often, but it does happen, factors to consider;

- if she did not have a face to face assessment then she cannot be found Fit for Work, but both the DWP and the Tribunal have the power to order one.

- if she scored more than the required 15 points

- if she scored point for multiple descriptors.

To be placed in the Support Group she needs to meet one or more of the SG descriptors.

Qualifying for the Support Group

So a further factor to consider is how strong her case is for the SG!

Have a look at our ESA Appeal guide for more information

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Finally, in case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

Gordon

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

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11 years 5 months ago #104536 by carruthers

Carol Cane wrote: I am writing this on behalf of my Wife who has received notification today that her Incapacity Benefit will be transferred to ESA but the work related one. She suffers with chronic ME/CFS, Chronic daily headache syndrome, IBS, menopause symptoms, to name but a few!!
She is suffering from stress already due to all this questioning over her benefit and I am also suffering as a result. ...

I am sure that the DWP is using this tactic a lot now.

They take someone who has been on IB for a long time. They look at the forms and realise that the claimant cannot possibly be Fit for Work, so they send out a decision saying that they have "awarded ESA on grounds of limited capacity for work." They hope that some claimants will think they've won and only discover the biggest downside of WRAG (the 365 day limit on CB awards) too late.

Their biggest hope is that people who have been on benefit for a long time will be so glad to have got ESA without having the ATOS grilling that they will accept the WRAG or so appalled by the prospect of an appeal that they will take what's offered, even if they know the problems involved.

They also know that ME is really hard to describe and your limitations hard to justify if you face a really hostile interviewer, but again a good WRO can help you. Do you have a sympathetic GP? - that helps. A diagnosis of ME/CFS from a consultant is better still. People with severe ME DO get into the Support Group, though the DWP often try to put them into the WRAG.

If you have a good GP, you might find that s/he would be prepared to sign a letter saying that working would involve a serious risk to health - which is often true for people with ME. That can get you into the SG even if you don't match the descriptors - read those bits in the B&W guides carefully.

The DWP are cynically using your fear and exhaustion against you - do see a WRO and see if you have a good case for appeal.

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11 years 5 months ago #104542 by Derekq
Hi CC
This outcome does not surprise me one bit, as Carruthers has indicated in his reply, they park you in the WRAG and from there you have to pick up the pieces.

It sounds very harsh but this is what we are all up against, If you go down the Appeal route as I did, I found ALL the medical evidence I could from my owm medical reports held at my GP's, from there I had copies made and sent them with the Appeal form GL24, also wrote a letter stating clearly that I had more that one SG descriptor that applied to me.

I dont know if you sent any evidence with your ESA50 ? if not now is the time to do so should you go down the Appeal path.

Regarding llosing the WRAG benefit, I weighed it up and as I had some medical evidence to show I went for it and Appealed which I won.

Have a think about it

Must go as closing

Regards Derek

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