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Moved from the ESA support group to work group.
- Elidor
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6 years 2 days ago #210585 by Elidor
Moved from the ESA support group to work group. was created by Elidor
I was in the contributory ESA support group for a year and had a new medical assessment on 4th April. Although my health problems have not improved I have been put into the WRAG. I still haven't had a decision letter but just received a letter from Jobcentreplus telling me I have to attend a meeting with a work coach on 23rd April.
I only know that I am now in the wrag group as I rang them up and was told this was the case. It is 13 days since the assessment and I am unable to find out exactly why I have been put in the wrag group. The person on the phone was not sure. I have received copies of the medical assessment but they don't give information about the points awarded.
I want to put in a mandatory re-consideration request but as I haven't had the decision letter yet not sure on what basis this should be.
I think I could reasonably argue that I qualify on 2 grounds-ie one of the descriptors applies and also risk to health but would the fact that my condition hasn't changed also be a ground, in that I was put in support group initially so how can I suddenly be able to do work related activities?
I only know that I am now in the wrag group as I rang them up and was told this was the case. It is 13 days since the assessment and I am unable to find out exactly why I have been put in the wrag group. The person on the phone was not sure. I have received copies of the medical assessment but they don't give information about the points awarded.
I want to put in a mandatory re-consideration request but as I haven't had the decision letter yet not sure on what basis this should be.
I think I could reasonably argue that I qualify on 2 grounds-ie one of the descriptors applies and also risk to health but would the fact that my condition hasn't changed also be a ground, in that I was put in support group initially so how can I suddenly be able to do work related activities?
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- Gordon
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6 years 2 days ago #210600 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moved from the ESA support group to work group.
Eleanor
If you have a copy of the ESA85 assessmement report then it will definitely have details of the Descriptors that the assessor recommneded that you met.
The only reason that you need to wait for the Decision Letter is that you need the date of the Decision, if you have that already then you can go ahead with the MR.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
If you have a copy of the ESA85 assessmement report then it will definitely have details of the Descriptors that the assessor recommneded that you met.
The only reason that you need to wait for the Decision Letter is that you need the date of the Decision, if you have that already then you can go ahead with the MR.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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