Help please re. appealing WRAG decision

Hi all,

My partner rang the DWP a week ago as it was a long time since we had returned my ESA form.(Incapacity to ESA transfer) They gave him a number for ATOS and they advised that they would not need to see me for a medical and they had notified DWP of this.
I received a phone call this morning from DWP to say i have been placed in the WRAG. I explained that i had included a letter from my GP in my application stating that i suffer with agoraphobia and panic attacks and have done for several years. My GP also said that for the last year the agoraphobia has left me totally housebound and that he has to make home visits to see me as i cannot leave the house due to the severity of my panic attacks and my fear of them.
I don't understand how i am expected to get the Job Centre for meetings required under the WRAG criteria. I am so scared to leave the house i have cancelled important hospital appointments, not attended my Aunts funeral and am not able to attend my partners sisters wedding - that is how bad my agoraphobia is. My GP put in the letter that if they wanted to do a medical they would have to come to my home and give me prior notice so i could sedate myself as people coming my home gives me horrendous panic attacks.
Does anyone think i would be successful in appealing to be put in the support group? Also my benefits are contribution based so my benefits will stop soon due to that or maybe they will be stopped because i will not be able to the job centre for meetings.
All this as made me feel really ill and i feel like i'm going to have a nervous breakdown. I can't believe what they are putting people through.
Any advice will be gratefully received.
Thank you, Lindsay

Hi Kanecat

We can't possibly advise you or any member of the chances of a successful appeal. But if your disability is such that you are virtually housebound and cannot go out you should take a close look at the support group descriptors in the ESA mental health guide and seriously consider appealing if you feel that the descriptor(s) apply to you. As you say there is a lot at stake because you could potentially lose your entitlement after 12 months.

Please read the ESA appeal guide in the members' area.

As for attending WFIs, it may be possible for an interview to take place over the phone, or you can ask to have them deferred, particularly whilst appealing.

Good luck

Derek

Thank you for taking the time to reply Derek.

My partner and I did use the guides when completing the form.

I think I will have to appeal and wait and see what happens.

Dear Lindsay

In my book, someone suffering from severe agrophobia and panic attacks clearly needs to be placed in the support group - however the deeply flawed WCA is the problem.

There was a thread 4 weeks ago where a member with similar difficulties was being being refused a home medical - which you may like to read (i am sorry i don't know how to do that kind of link).

Look closely to see if you meet any of the descriptors for the support group, if not, ask yourself if you think the 'exceptional circumstances' should be applied in your case, as forcing you to engage in any work-related activity is likely to cause you unacceptable level of distress and 'harm'.

Would your GP provide a statement to this effect?

As Derek states, you may well have a lot to lose because you are on contribution based ESA, so definitely worth appealing if you feel you meet the criteria.

Best wishes