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Want to appeal WRAG but given no points

  • Marie22
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11 years 11 months ago - 11 years 11 months ago #85908 by Marie22
Hi
I am in receipt of DLA HC & HM indfinitely, I realise DLA & ESA are different but would expect there to be some relevance. I have been in IB & recently returned my ESA form. Within 3 weeks I received a letter saying I had been put into WRAG (no medical) I phoned stating I wanted to appeal for Support group & could they send me copy of the decision. I received the appeal form but no other paperwork. I phoned again today requesting it & the man I spoke to said that it was virtually impossible to get into the support group & only those born with a severe disability or terminally ill were being accepted, I said I still want a copy on how I was judged. Later a woman phoned me & said because I had no medical there were no points, the decision was made purely on application form & that I wouldn't need a recall for 2yrs. (I am on CB WRAG so will lose money after 1yr)Now I'm not sure what to say about my grounds for appealling - is " I don't agree with the decision enough " ?
Last edit: 11 years 11 months ago by slugsta.

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11 years 11 months ago - 11 years 11 months ago #85911 by slugsta
Replied by slugsta on topic Re:Want to appeal WRAG but given no points
Have you read the resourses on this site with regard to appeals?

This is a good place to start -

ESA claims and appeals

In addition to this, there are lots of FAQs relating to the appeal process

Is there any risk in appealing?

How long do I have to appeal?

How to submit an appeal

Please come back to us if you have any queries

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by slugsta.

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11 years 11 months ago #85913 by slugsta
Replied by slugsta on topic Re:Want to appeal WRAG but given no points
In addition, some members have seemed to find difficulty in getting their 'statement of reasons' from DWP. I have requested this twice and been sent the medical report each time!

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11 years 11 months ago - 11 years 11 months ago #85926 by Gordon
Replied by Gordon on topic Re:Want to appeal WRAG but given no points
Marie

I just want to pick up on a couple of the things you have been told by the DWP.

First, entry into the Support Group is based on a claimant meeting the criteria, these are not specific to those born with a disability or the terminally ill. So, whilst only about 8% of ESA claimants are place in the Support Group, this can be for a variety of reasons.

Secondly, the law requires claimants placed in the WRAG to have scored 15 points or more or they have met the Exceptional Circumstances rules, and this is still the case where a medical is not held. Unfortunately it is becoming increasingly common for the DWP not to record this information when making an award for ESA.

So, you are perfectly entitled to be placed in the Support Group if you meet the criteria, and you should press the DWP for more information related to your existing WRAG award.

I hope this explains it.

Gordon

Modedit: added reference to Exceptional Circumstances.

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Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago - 11 years 11 months ago #86008 by snowbaby
Replied by snowbaby on topic Re:Want to appeal WRAG but given no points
Hi, I posted a thread (page9) ref ESA CB. I requested a SOR and was infm to put it in writing and to put in an appeal at same time (in case of time limits) Before I did that I decided to seek advice from CAB and like Marie22 was told "you need to be terminally ill or have condition like MS etc. in order to get into support group" Also told I would have to go for medical which, in his words, "I can guarantee you will fail as it is made so difficult, believe me you do not want to go there". When i queried about WFI he infm me "not to worry, your'e speaking to a human being, as opposed to a computer, and they will be more sympathetic. They cannot force you back to work, these interviews are just to assess if yr condition remains the same" He also said "you're one of the lucky ones, its rare to be transferred to ESA with no med". Any thoughts?
Last edit: 11 years 11 months ago by slugsta.

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11 years 11 months ago - 11 years 11 months ago #86009 by slugsta
Replied by slugsta on topic Re:Want to appeal WRAG but given no points
I would say that the person you spoke to was 'misinformed'...

ps, you might find This thread hopeful.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by slugsta.

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