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esa wrag instead of support group without atos med

  • john williams
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11 years 10 months ago - 11 years 10 months ago #86958 by john williams
i received a decision from the dwp a couple of days ago to place me in the esa wrag instead of the support group of which i was hoping. As i hadnt had a medical by atos i decided to contact the dwp and ask them to send me the report on how they had come to their decision. In the reply i received was a copy of the medical report by a healthcare professional [state registered nurse] stating that his report was based on the information i supplied on the ESA50, and previous reports in the past, and i quote ;the available evidence does not indicate that there has been a substantial improvement GP confirms ongoing treatment, symptoms consistent and suggests would likely meet LCW threshold if called for WCA;. Also at the top of the page under prognosis it states, ;I would advise that a return to work is unlikely for at least two years;. There appears to be a contradiction here, in the medical report [which is i guess is the same one that the decision maker receives at the DWP] it clearly states that the advice is that i am likely to be unable to work for at least two years, then how can they place me in the WRAG group. I hav,nt contacted the DWP again since receiving this report, im not sure if it is best to just appeal the decision, or simply ask them if they have made a clerical error and placed me in the wrong group by mistake. any helpfull comment or advice would great. thanks
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #86965 by slugsta
Unfortunately, there is no Support Group criterion dealing with the fact that the claimant is unlikely to return to work in the foreseeable future. Have you seen the Support Group criteria? Your appeal is more likely to be successful if you meet one of these.



Qualifying for the Support Group

However, I do seen to remember that one of our members did have a successful appeal due to the fact that she was unlikely to return to work in the long-term - I think Gordon might remember more about this than I do.

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

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11 years 10 months ago #86967 by Gordon
JW

I notice that this is your first post so you might want to have a look at the following FAQ

Welcome to Benefits and Work

Also, your forum name may be your real name, see the following to change it.

My full name is showing, how can I stop it?

I am afraid there is no link between your "prognosis" and being eligible for the Support Group.

Entry to the SG is based on you meeting one or more of the associated criteria, see

Qualifying for the Support Group

Gordon

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

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