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TOPIC: wrag

wrag 6 years 1 month ago #72329

i filled in my esa50 and sent it in recorded delivery i duly receivedconfirmation that i would be placed in wrag group
the prognosis was return to work unlikely in the longer term i have appealed this decision i was due to have total knee replacement surgery but this was cancelled due to heart disease and breathing problems i cannot understand how the dm can place me in this group when i submitted consultant and doctors reports

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Re: wrag 6 years 1 month ago #72339

I'm sorry that you have been disappointed by the decision. Do you think you made it clear that you met the criteria for the suport group? Are you going to appeal?

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:wrag 6 years 1 month ago #72343

gavinkus wrote:

i filled in my esa50 and sent it in recorded delivery i duly receivedconfirmation that i would be placed in wrag group
the prognosis was return to work unlikely in the longer term i have appealed this decision i was due to have total knee replacement surgery but this was cancelled due to heart disease and breathing problems i cannot understand how the dm can place me in this group when i submitted consultant and doctors reports


Hi G,

Maybe you should consider the following arguement.

Advice given to the assessing ATOS HCP as at page 114 of the WCA Handbook, accessible from this link. :

www.benefitsandwork.co.uk/help-for-claimants/esa


3.10.1.2
Advice that a return to work is unlikely In the Longer Term.

"Where at assessment you find a substantial degree of functional impairment resulting from a serious medical problem which is chronic or will inevitably deteriorate further, even with optimal treatment, you should select "in the longer term".

As opposed to the criteria of the WRAG, which is to prepare the claimant for suitable employment at some time in the future.

Therefore the prognosis and the award of WRAG do seem contradictory, and it may be worth while raising this issue.

I can not really comment further, as I could not possibly have access to your personal details.

Hope this helps.

bro58

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Last Edit: by bro58.

Re:wrag 6 years 1 month ago #72356

hi thanks for the advice. to further explain i did not get a medical and the report was compiled by a nurse.
i stated that i suffer from angina and that from severe discomfort and breathlessness as well as arthritis in both knees.
on the justification of advice it stated the client has asignificant level of disability due to multiple conditions.
i feel that the dm has reached a decision without reading all the medical reports that i submitted

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Re:wrag 6 years 1 month ago #72359

gavinkus wrote:

hi thanks for the advice. to further explain i did not get a medical and the report was compiled by a nurse.
i stated that i suffer from angina and that from severe discomfort and breathlessness as well as arthritis in both knees.
on the justification of advice it stated the client has asignificant level of disability due to multiple conditions.
i feel that the dm has reached a decision without reading all the medical reports that i submitted


Hi G,

This could well be the case, see my post here. :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=72287#72324

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:wrag 6 years 1 month ago #72364

gavinkus wrote:

hi thanks for the advice. to further explain i did not get a medical and the report was compiled by a nurse.
i stated that i suffer from angina and that from severe discomfort and breathlessness as well as arthritis in both knees.
on the justification of advice it stated the client has asignificant level of disability due to multiple conditions.
i feel that the dm has reached a decision without reading all the medical reports that i submitted



Hi,G,

In your appeal, draw attention to the relevant facts that you have already provided in your ESA50 etc.

With regards to your breathlessness.

Do you have spirometry tests at your G.P.'s surgery? Have you been graded on the MRC Breathlessness scale(1 to 5, Grade 5 being most severe)? if so have you obtained copy of the relevant extracts from your G.P. records?

Do you have your Peak Flow measured? again, if so, gain copy.

It may be wothwhile contacting your G.P. and asking whether he was requested to fill in and return an ESA113 medical questionnaire by DWP/ATOS?

It should state if the ATOS HCP has used an ESA113 as evidence, on your ESA85A, if not, why not?.

Hope this helps.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.
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