Who Decides WRAG or SG?

As a matter of urgency, could the Moderators please confer between themselves and agree on a definitive answer to the question, "Who decides if claimants are placed in WRAG or SG?"

I recently posed this question, thought I'd received a definitive answer, but am now confused again.

See my post #73799 on p.12 of the topic 'Appeals Process First Steps', and reply #73807 from Moderator bro58.

Then, compare this with post #73488 from Martin (Greeneyedlad) and the reply he received, #73517, from Moderator Derek4.

I was led to believe that it's the Atos HCP who makes the 'recommendation' as to which group we're placed in, so it's his/her 'recommendation' we should be challenging. Martin, and others, however, are being advised to write to the DWP's DM to ask how they came to their WRAG-placement 'decision'.

Apologies if I've misinterpreted this advice, but I'm trying to get my head round all this without benefit of a fully-functional brain.

Cheers!
Biffer

Biffer wrote:

As a matter of urgency, could the Moderators please confer between themselves and agree on a definitive answer to the question, "Who decides if claimants are placed in WRAG or SG?"

I recently posed this question, thought I'd received a definitive answer, but am now confused again.

See my post #73799 on p.12 of the topic 'Appeals Process First Steps', and reply #73807 from Moderator bro58.

Then, compare this with post #73488 from Martin (Greeneyedlad) and the reply he received, #73517, from Moderator Derek4.

I was led to believe that it's the Atos HCP who makes the 'recommendation' as to which group we're placed in, so it's his/her 'recommendation' we should be challenging. Martin, and others, however, are being advised to write to the DWP's DM to ask how they came to their WRAG-placement 'decision'.

Apologies if I've misinterpreted this advice, but I'm trying to get my head round all this without benefit of a fully-functional brain.

Cheers!
Biffer

Hi B,

The information that I gave you on this post still applies. :

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=66#73807

So there is no need to confer.

Please be assured that if I had given you erroneous information, one of the other Mods would have corrected it.

The ATOS HCP CANNOT make or change a decision of award of ESA.

Only the DWP Decision Maker can do this, or an appeals tribunal if applicable.

A claimant can obviously challenge recommendations made by an ATOS HCP in a medical report, in that, they are in some way errant, and indeed if a claimant can prove that said recommendations are errant, then that would obviously help to persuade the DM to change the decision.

Therefore, any appeal/reconsideration request must be made to the DWP DM, and not ATOS.

As a seperate issue, a claimant could make a complaint to ATOS regarding the quality and accuracy of a medical report compiled by an ATOS HCP.

ATOS Healthcare are contracted by The Secretary of State to provide medical services for the DWP, not to actually make decisions on awards of ESA, said decisions can only be made by the DWP Decision Maker.

I hope you are now clear on this issue.

cheers

bro58

Thanks, Bro'. I fear we're in danger of going round in circles here so all I'll say is this:-

I was never in any doubt that Atos has no say in whether a claimant is awarded ESA or not, or that any and all appeals need to be addressed to the DWP. With respect, this wasn't what I asked about.

I've already been awarded ESA, so my appeal is purely to do with my WRAG placement. All the evidence I provided, and all the mock tests and advice on here, clearly suggest I should have been placed in SG.

I just needed to clarify exactly which body has the final say on WRAG or SG placement, so that my appeal is focused on the ultimate decision maker (no point blaming Atos if it's the DWP's decision, and vice-versa).

Cheers!

Biffer

Biffer wrote:

Thanks, Bro'. I fear we're in danger of going round in circles here so all I'll say is this:-

I was never in any doubt that Atos has no say in whether a claimant is awarded ESA or not, or that any and all appeals need to be addressed to the DWP. With respect, this wasn't what I asked about.

I've already been awarded ESA, so my appeal is purely to do with my WRAG placement. All the evidence I provided, and all the mock tests and advice on here, clearly suggest I should have been placed in SG.

I just needed to clarify exactly which body has the final say on WRAG or SG placement, so that my appeal is focused on the ultimate decision maker (no point blaming Atos if it's the DWP's decision, and vice-versa).

Cheers!

Biffer

Hi B,

I still don't feel that you have fully grasped this.

The ATOS HCP makes recommendations to the DM, on a particular grouping of ESA. (or indeed no ESA at all)and prognosis(length of award)

The DM then either agrees with these recommendations or makes a different decision.

If there is a definate conflict of evidence that points to the fact that you should have been placed in SG instead of WRAG, you can question why the DM has gone with the ATOS recommendations, and against the conflictiing evidence.

So even though you are putting your arguement to the DM, you are also questioning the validity of the ATOS recommendations, and why the DM has chose to go with these recommendations.

Hope this clarifies.

bro58

OK, thanks Bro'. Clearer now.

Biffer