× Members

ESA - been placed in WRAG, not sure if happy...

  • phild
  • Topic Author
12 years 5 months ago #70928 by phild
greeneyedlad wrote:

Phild

I have very similar mental health symptoms as yourself but unfortunately i dont have as much backing from my gp & psychiatrist that u say u have & i have appealed 2 b placed in the support group. I 2 was put in2 the wrag group with no medical. I think its terrible that some1 like u & me who is ill & the very nature of the illness is that they cannot have a routine like going 2 work or keeping appointments & leaving the house etc due 2 anxiety, is then expected 2 keep appointments & get in2 a routine 2 attend WFI. i have even been kicked off gp lists & told 2 find another doctor due 2 missed appointments. why dont they understand that sometimes we cannot function & cannot even get out of bed, so how can we b forced onto WFI, & loose benefit if we miss them?

If i were u I would defo appeal. i dont expect 2 win & dont know if i will even go thro with it if it goes 2 tribunal but thought it best 2 appeal even for my decision 2 b reconsidered.

good luck

martin


I empathize with your condition, Martin. Does sound a fair bit like mine.

What really concerns me here is the "well, you got to your appointment today, so you can't be that bad, can you?" effect.

Please Log in or Create an account to join the conversation.

  • phild
  • Topic Author
12 years 5 months ago #70964 by phild
Just a query. When being awarded ESA and placed in the WRAG, I didn't need to have an ATOS medical (lady at welfare rights told me that this is called passing 'on scrutiny').

If I appeal or ask the DWP to look at the decision again, is it possible that they will then tell me that I need to have a medical?

Please Log in or Create an account to join the conversation.

  • bro58
12 years 5 months ago #70968 by bro58
phild wrote:

Just a query. When being awarded ESA and placed in the WRAG, I didn't need to have an ATOS medical (lady at welfare rights told me that this is called passing 'on scrutiny').

If I appeal or ask the DWP to look at the decision again, is it possible that they will then tell me that I need to have a medical?


Hi P,

As you may know passing "on scrutiny" means that the decision of ESA award was made on the written evidence that the DM had at his disposal, without the need of a face to face assessment.

If an appeal is lodged, it is possible that you may be required to attend a face to face assessment, to gain further evidence in reconsidering your award.

bro58

Please Log in or Create an account to join the conversation.

  • phild
  • Topic Author
12 years 5 months ago #70969 by phild
bro58 wrote:

phild wrote:

Just a query. When being awarded ESA and placed in the WRAG, I didn't need to have an ATOS medical (lady at welfare rights told me that this is called passing 'on scrutiny').

If I appeal or ask the DWP to look at the decision again, is it possible that they will then tell me that I need to have a medical?


Hi P,

As you may know passing "on scrutiny" means that the decision of ESA award was made on the written evidence that the DM had at his disposal, without the need of a face to face assessment.

If an appeal is lodged, it is possible that you may be required to attend a face to face assessment, to gain further evidence in reconsidering your award.

bro58


Right.

The welfare rights lady suggested that I write to the DWP first, explaining that I feel that I should be in the support group because certain Support Group descriptors apply to me - including additional evidence in letter form (which I'm pretty sure that I could get) and asking them to reconsider. On the face of it, several of the descriptors appear to fit me - TBH, I thought that what I'd written in my original ESA50 form and the letters from my therapist would have adequately demonstrated that...

I might do this first, then appeal officially if that is unsuccessful (unless this is a *really* bad idea). I want to avoid face-to-face stuff, if at all possible, as this is extremely difficult for me and the stress of such certainly detrimental to my mental health.

Could I also be called in for a medical if I just do this??

Please Log in or Create an account to join the conversation.

More
12 years 5 months ago #70975 by Derek4
Hi phild

We usually recommend appealing in the first instance; there is no obvious advantage of asking for a reconsideration.

It shouldn't make any difference regarding having to attend a face-to-face because the DWP will reconsider anyway if you appeal, it will just save you the bother of taking two (sequential) actions instead of one.

Tribunals can refer you to a medical examination. I believe the DWP can as well when reviewing a decision. I don't know how often this happens, but I would have thought it's more likely for somebody who has been assessed without a face-to-face.

Good luck

Derek

Please Log in or Create an account to join the conversation.

  • phild
  • Topic Author
12 years 5 months ago #70977 by phild
Yeah, I've been reading the guides.

It's just something that Welfare Rights said to me on the phone today that got me thinking.

"It may be the case that round here they're putting everyone in the WRAG and then waiting to see who complains", or words very closely along those lines. Like it was said with a nod and a wink, maybe.

Not sure.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.