no medical but wrag about to appeal

I was put into the wrag group without a medical i rushed my esa50 form due to having a relapse and am paying the consequences now do i have less chance of my appeal being successful if i have not had a medical? i have read threads on here and most people appealing and being placed into the support group have had a medical?

thebrink wrote:

I was put into the wrag group without a medical i rushed my esa50 form due to having a relapse and am paying the consequences now do i have less chance of my appeal being successful if i have not had a medical? i have read threads on here and most people appealing and being placed into the support group have had a medical?

Hi TB,

As it appears that you are new to the forum, it may help if you read :

Welcome to Benefits and Work

You can access out FAQ’s in the yellow Spotlight Area, at the top above the forum, where you will find sections on ESA and Appeals from here :

FAQ’s

You can search the forums for previously posted topics from here :

Searching The Forum

To see potential sources of face to face advice, and representation, see :

Where to get advice?

You can access our ESA Guides, including our recently updated ESA Appeals Guide Jan 2012 from here :

ESA Guides

With regards to your question, I wouldn't agree with your statement that most people appealing and being placed in the SG, have had a medical.

However, that is bye the bye anyway, as no two cases or assessments will be the exactly the same, so there is really little benefit from making comparisons between your own personal scenario, and another members.

You will have 1 month to appeal from the date of the WRAG decision letter.

You can do this by using a GL24 which can be downloaded from the link on this page :

How to submit an appeal

On submitting your appeal, if you decide to do so, your ESA award will be subject to an automatic reconsideration, by a different DWP Decision Maker to the one that has made the WRAG award.

So here, you have about a 4 week window of opportunity to better present your case, and provide any new evidence that may help in gaining a correct assessment.

If the decision is not changed at this stage it will be sent forward to the Appeals Tribunal Service, without the need for any further action by yourself.

You can withdraw your appeal at any time.

It may help if you also view the following pages from our FAQ's :

How long do I have to appeal?

Is there any risk to challenging a decision?

How long to hear an appeal?

Do I have to attend WFIs while I appeal?

Work Focussed Interviews, (WFI’s)

Work Programme

ESA medical – what forms to ask for?

ESA Forms

Qualifying for the Support Group

I realise that the above may seem a lot to take in, but it is well worth the reading.

If after reading the above you have any further general questions . please come back to the forum.

Mod Edit : posted same time as Gordon, please see his comments also

bro58

Thanks for the info i have had a read through my question is would it be best to submit evidence and state my case fully from the outset? i have requested a supporting letter from my consultant i have about a week to prepare to allow for postal times also being placed in the WRAG group without a medical i would not be able to challenge any WCA criteria

Raises an interesting question this The Brink, as I understood that the whole point of the harsher new regime was that people get regularly assessed by a medical.
As Bro 58 knows I posted this week and have been placed in WRAG without a medical and am currently awaiting ESA 85a and my case notes from DWP to see where I have and havent scored points.I am pondering whether to appeal or not... I have also now been told that upon lodging an appeal I could then be sent for a medical ( which wouldn't pose me a problem) as part of that appeal.This is the first time I have heard of this, I thought the norm was to appeal and be passed to the oral hearing ( tribunal)...though the DWP can of course send you for a medical anytime.
However, I would assume that if the DWP didn't think you needed a medical then they accept that there are serious enough issues to place you on ESA, which is a lot more positive an outcome than many people have had.
I would consider the appeal as it could be that assumptions have been made in the decision making but as moderators have always said it's a case of weighing up the risks of appealing as there can always be a risk however minimal.

thebrink wrote:

Thanks for the info i have had a read through my question is would it be best to submit evidence and state my case fully from the outset? i have requested a supporting letter from my consultant i have about a week to prepare to allow for postal times also being placed in the WRAG group without a medical i would not be able to challenge any WCA criteria

Hi TB (no pun intended )

I'm afraid it's not possible to say for an individual case when the best time to fully state your case is, but in general it's best to wait until you have sight of all the documents.

Steve wrote on this in detail previously in the thread below.

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=12#73223

Regards

Derek