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This is so wrong!

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11 years 9 months ago #87487 by Barbarag
This is so wrong! was created by Barbarag
Hi,

I have just received a letter from the DWP following completion of the recent ESA 50 they sent out to me.

In a nutshell, The response is I have been moved into the WRAG from the support group.

Last year, after attending the ATOS Medical, I was awarded nil points, and following appeal to a Tribunal, was placed in the Support Group.

How can it be, that a year on, with worsening symptoms, effect overturned the Tribunals findings following submission of a fresh ESA 50 and no medical?

It defies common sense and logic and naturally I will be appealing. This is just so wrong that they should compelled to go through the wringer again!

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11 years 9 months ago - 11 years 9 months ago #87491 by shrinathji
Replied by shrinathji on topic Re: This is so wrong!
So sorry to hear that you have been moved from S/G to WRAG.

This time round when you completed your ESA50 did you send in additional info from your specialists if you were seeing any and a report from your GP confirming that your symptoms are worsening. Did you state this in your ESA50??

Did DWP give a reason as to why you have been moved to WRAG???

You are absolutely right this is wrong and you should challenge the decision.

Good Luck.

Radhika
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #87497 by Gordon
Replied by Gordon on topic Re:This is so wrong!
Barbara

The first thing to say is that the DWP have not overturned your Tribunal result, this is a new Decision based on what you included in your ESA50 and anything you supplied with it.

As your previous assessment resulted in a Fit for Work Decision, one of the areas you should look at is the differences between the documentation you supplied the DWP and what you presented to your Tribunal.

You don't say when you previous assessment was done, but if it was pre April 2011, then you need to be aware that the ESA descriptors will have changed and this could be why you now only meet the WRAG requirements.

Have a look at the following FAQs for further information.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

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

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11 years 9 months ago - 11 years 9 months ago #87511 by Barbarag
Replied by Barbarag on topic Re:This is so wrong!
Thank you Radhika for your kind words of support.

I have an operation on my back in July and refrred to this in the ESA 50 and included details of the Neurosurgeon.

I was placed in the SG by the Tribunal owing to bowel incontinence, and this has not improved since. ATOS awarded me 5 points at the Medical.

This was referred to in detail on the ESA50.

From my earlier experience I am cynical enough to rather suspect the DWP will think me to be grateful I was awarded something at all and hope I will accept rather than appeal.

Gordon, I appreciate your comments and as far as I can see ought to qualify for SG. The point I was making was in effectthe Tribunal decision has been overheard. There is something inherently rotten in a system where whatever the judicial outcome, the DWP can begin the whole process all over again.
Last edit: 11 years 9 months ago by slugsta.

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11 years 9 months ago #87517 by shrinathji
Replied by shrinathji on topic Re:This is so wrong!
HI Barberag,

Did you state in your ESA50 all the things you could not do due to your back op????

DWP might assume that due to op, your problems are meraculasouly solved.

Did Neurosurgeon state any problems in his correspondence???

You need to dig further!!! and get all details that actually affect you to keep up fight.

Radhika.

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11 years 9 months ago #87519 by Gordon
Replied by Gordon on topic Re:This is so wrong!
Barbarag wrote:

The point I was making was in effectthe Tribunal decision has been overheard. There is something inherently rotten in a system where whatever the judicial outcome, the DWP can begin the whole process all over again.

Unfortunately that is not, and never has been, how the system works.

Everybody receiving ESA, should expect to be reviewed on a regular basis, a Tribunal Decision does not prevent this process continuing.

Gordon

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

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