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WRAG Group, No Medical But Contribution Based.

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12 years 4 months ago - 12 years 4 months ago #73037 by article
Just reieved a courtesy phone call, Ive been placed in the WRAG group contribution based from 23/11/2011 and dont need a medical. Written document to confirm on its way in the post.

At least 2 interviews to attend.

<b>MY WORST NIGHTMARE.</b>

I take it from this I have 1 year up until 23/11/2012 before I am asked to transfer to ESA income based which I know i will not qualify for (income over their limit) , so lose all benefits,and then cannot afford my mortgage and have to sell my house and look for rented accomadation.

Im a total loss to what to do ????

I will lose entittlement to ESA but am not fit enough to sign on for JSA nor am I likely to.

I thought I would have been placed in the support group on the exceptional circumstances ruling at least.

In my mind I qualified for this and on 2 of the mental health descriptors.

Will it show on the leter I get why I failed to get in the support group?.

<b>Do I appeal the decision from here and how do I do that, and on what grounds.</b>

A bit shaken up at the moment.

To me Ive got 1 year before i basically lose everything.

I dont think their will be many caught in this trap of having <b>to transfer over from contribution based to income based and then find they fail.</b>

Is their anyone else who has hit this paticular buffer????.

Any help desperately appreciated.

Regards A,



Moderator Edit - near identical posting deleted.

pete17971
pp moderating team
Last edit: 12 years 4 months ago by . Reason: add mod edit

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12 years 4 months ago - 12 years 4 months ago #73040 by
article wrote:

Just reieved a courtesy phone call, Ive been placed in the WRAG group contribution based from 23/11/2011 and dont need a medical. Written document to confirm on its way in the post.

At least 2 interviews to attend.

<b>MY WORST NIGHTMARE.</b>

I take it from this I have 1 year up until 23/11/2012 before I am asked to transfer to ESA income based which I know i will not qualify for (income over their limit) , so lose all benefits,and then cannot afford my mortgage and have to sell my house and look for rented accomadation.

Im a total loss to what to do ????

I will lose entittlement to ESA but am not fit enough to sign on for JSA nor am I likely to.

I thought I would have been placed in the support group on the exceptional circumstances ruling at least.

In my mind I qualified for this and on 2 of the mental health descriptors.

Will it show on the leter I get why I failed to get in the support group?.

<b>Do I appeal the decision from here and how do I do that, and on what grounds.</b>

A bit shaken up at the moment.

To me Ive got 1 year before i basically lose everything.

I dont think their will be many caught in this trap of having <b>to transfer over from contribution based to income based and then find they fail.</b>

Is their anyone else who has hit this paticular buffer????.

Any help desperately appreciated.

Regards A,



Moderator Edit - near identical posting deleted.

pete17971
pp moderating team



Hi,

To answer your query with some kind of logic, can I assume this is on migration from Incapacity Benefit to ESA (Contribution Based) and your have been placed in the Work related Activity Group?

If so, then yes, your contributory payments will stop after one year from the award date. (If you were not a 'migration claimant' then any time spent in the Assessment phase would be counted against this one year).

From our faq's:

What happens if I appeal a decision that I should be in the work-related activity group because I think I should be in the support group?

Whilst you are appealing you will remain in the work-related activity group and remain eligible for the work-related activity component. If your appeal is successful you will be moved to the support group and be paid any additional money you are owed. If your appeal is not upheld you will remain in the work-related activity group.

Caution: please be aware that it is possible that when you ask to have the decision looked at again, the decision maker - or in some circumstances a tribunal - could decide that you do not qualify for any rate of ESA at all. Get specific advice if at all possible.


There is a guide to appealing adverse esa decisions in our members area here:

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

after reading the guide, you can find an appeal form (GL24) here:

www.dwp.gov.uk/docs/gl24dwp.pdf

It maybe a good idea to get some face to face advice from a welfare rights agency/cab etc to go through your claim and form a strategy for appealing but do not delay sending in a GL24 as you are time limited to one month from the date of your award letter.

Pete
Last edit: 12 years 4 months ago by . Reason: spelling error

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12 years 4 months ago #73042 by article
Sorry Pete about the other post, Im a bit shaken up at the moment and dont know what to do or where to turn.

I dont think their will be that many cases like mine, so I wont have much historical comment to go on here on the board. I am trying to find some.

I cant get to any meeting or appointment without someone with me, do they expect these people to sit in with me during their sessions?.

If someone doesnt go with me then i would have to self medicate alchol or valium and I could and would end up in a real mess and be a danger to myself and others.

I cant understand why they didnt pick up on this under exceptional circumstances!!.

Am I thinking in the right direction about an appeal on these grounds??.

Strange cant find the appeals section on here/. not thinking straight.

Any help very much greatly appreciated.

regards A

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12 years 4 months ago #73046 by DRAGON2009
Replied by DRAGON2009 on topic Re:WRAG Group, No Medical But Contribution Based.
Over the next years (if the one year contrib based limit is passed into law) the DWP's own estimate is that hundreds of thousands of claimants will lose benefit due to this change

The support group is your best hope and you should spare no effort in preparinmg an appeal, if advised by an advisor to do so.

I beleive that you should presentyour GP with the argument as to how you satisfy the Support Group and see if he or she will assist you with their backing. Not having their backing wouldnt neccesarily be bad, but having their informed backing (with them understanding why and able to persausively support you) would be very powerful evidence.

As an overal view of these likely changes, mk personal opinion is that if the 12 months becomes law, tribunals will be more not less willing to allow support group appeals if they beleive the claimant stands to be without income. That wouldnt be a ground for allowing a case, but a feature behind approaching the case, manyb tribunals are very empathatic as shown by the appeal stats. This is simply my opinion and all medical practitioners, ought to know that rmeoving a persons income is a stressful and unhealthy step to take especially when that person has a chronic illness

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12 years 4 months ago #73047 by article
Thankyou for your fast reply pete, very much appreciated.

Yes it is migration from Incapacity Benefit which I have been on since 1999.

Im just going through your links now. regards A

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  • janymac
12 years 4 months ago #73051 by janymac
Hi
My husband is in exactly the same scenario- he got assessed without a medical , put in WRAG on contributory and will not be eligible for income based. I fail to see how a man who had as his main condition progressive secondary multiple sclerosis which by defination will not get better but stadily worse could be placed in a group which means that he is thought to be able to get better. His condition has infact significanly deteriorated since we fill in the form even!! We will try appealing, this time through CAB but they said appeals are taking a year, so we may lose it before it is resolved- unless they keep you payments going until the appeal decision is reached.

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