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TOPIC: esa, appeal or not

esa, appeal or not 6 years 7 months ago #48526

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.

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Re:esa, appeal or not 6 years 7 months ago #48535

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

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gordon.

Re:esa, appeal or not 6 years 7 months ago #48540

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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Re:esa, appeal or not 6 years 7 months ago #48543

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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Re:esa, appeal or not 6 years 7 months ago #48546

ploppy wrote:

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.

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;

- 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

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Re:esa, appeal or not 6 years 7 months ago #48547

FoxyLady2 wrote:

Surely they can't change which group you are in without a medical taking place ??? particularly moving from support group to work related group?

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.

Gordon

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