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ESA Decison WRAG appeal question..
- jotei1966
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8 years 7 months ago #155977 by jotei1966
ESA Decison WRAG appeal question.. was created by jotei1966
Hi,
I received my decision from my WCA into the WRAG group end of last week. As a subscriber I used the guide provided. so first off thanks for this guide was invaluable, really was.. recommend it to anyone filling in that terrible form ESA50 ;0)
However I have a question regarding appealing a WRAG decision. I do realise it is generally perceived that its much harder for success with appeals from WRAG to Support Group, but my main concern is the risk of losing my entitlement altogether.
Does this risk start the moment you request a Mandatory Reconsideration or mainly if it has to go to an Appeal Tribunal? I am considering requesting a MR but unsure of any risks in doing so?
Any advice appreciated
I received my decision from my WCA into the WRAG group end of last week. As a subscriber I used the guide provided. so first off thanks for this guide was invaluable, really was.. recommend it to anyone filling in that terrible form ESA50 ;0)
However I have a question regarding appealing a WRAG decision. I do realise it is generally perceived that its much harder for success with appeals from WRAG to Support Group, but my main concern is the risk of losing my entitlement altogether.
Does this risk start the moment you request a Mandatory Reconsideration or mainly if it has to go to an Appeal Tribunal? I am considering requesting a MR but unsure of any risks in doing so?
Any advice appreciated
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8 years 7 months ago #156017 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Decison WRAG appeal question..
jotei
Both a Mandatory Reconsideration and an Appeal remake the original Decision and can therefore reach any Decision that was available at that time this means that they can both leave the award as it is, place you in the SG or remove the award. The Judge of an appeal is required to notify the claimant if they believe there is a risk to the claimants current award so that they can withdraw the appeal. There no such requirement on the DWP.
A good place to start is to look at the SG Descriptor(s) that you believe that you meet and see how reasonable that it?
Next consider your placement in the WRAG, did you only score the 15 points required or did you score higher?
Gordon
Both a Mandatory Reconsideration and an Appeal remake the original Decision and can therefore reach any Decision that was available at that time this means that they can both leave the award as it is, place you in the SG or remove the award. The Judge of an appeal is required to notify the claimant if they believe there is a risk to the claimants current award so that they can withdraw the appeal. There no such requirement on the DWP.
A good place to start is to look at the SG Descriptor(s) that you believe that you meet and see how reasonable that it?
Next consider your placement in the WRAG, did you only score the 15 points required or did you score higher?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jotei1966
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8 years 7 months ago #156048 by jotei1966
Replied by jotei1966 on topic ESA Decison WRAG appeal question..
Thanks for the advice Gordon. Unfortunately I am unaware at this stage (only received WRAG decision letter on Friday last week) what my actual points total was.
I assume that I would need to request my ESA85 I believe, which outlines my assessment points and details of my WCA.
My doctor provided written evidence which I submitted prior to my WCA and I believe (so the assessor said anyway) that they would get details from my CBT therapist. I was accompanied by a family member as I am unable to leave the house alone and the WCA was recorded.
I assume that I would need to request my ESA85 I believe, which outlines my assessment points and details of my WCA.
My doctor provided written evidence which I submitted prior to my WCA and I believe (so the assessor said anyway) that they would get details from my CBT therapist. I was accompanied by a family member as I am unable to leave the house alone and the WCA was recorded.
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8 years 7 months ago #156057 by Gordon
Yes you need to request a copy of the ESA85, this can be done over the phone.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Decison WRAG appeal question..
jotei1966 wrote: Thanks for the advice Gordon. Unfortunately I am unaware at this stage (only received WRAG decision letter on Friday last week) what my actual points total was.
I assume that I would need to request my ESA85 I believe, which outlines my assessment points and details of my WCA.
My doctor provided written evidence which I submitted prior to my WCA and I believe (so the assessor said anyway) that they would get details from my CBT therapist. I was accompanied by a family member as I am unable to leave the house alone and the WCA was recorded.
Yes you need to request a copy of the ESA85, this can be done over the phone.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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