WRAG Appeal

Hello again

After returning my form ESA 50 by the stipulated date of the 22nd june, I received a letter yesterday stating that I had been placed in the WRAG group without a medical. On telephoning JCP this morning to request written reasons and also asking some other queries, I was told that if I decided to appeal then the WRAG component of £28.15 would not be paid for the duration of the appeal process and I would receive only the basic £71.00 amount until any appeal was dealt with. This seems to fly in the face of what is said in the B&W Guides and also references in previous threads. It quite clearly says thet the full WRAG component will be paid for the duration of the appeal process to make a sum of £99.15. Firstly is this correct or have there been any very recent changes? Also if I do decide to appeal would the time taken count towards the 365 days if the WRAG decision is confirmed and do I need to furnish any further sick notes for the duration of an appeal to get into the Support Group? I think further sick notes are needed if one is appealing against no award at all? Also can the DWP claim back any monies received during the course of an unsuccessful appeal?
Thanks and by the way your Guides were invaluable in completing the form and getting this far.

Peridot

I'm afraid we cannot answer queries on individual claims.

I personally do not deal with ESA, as I'm now retired and only deal with DLA/AA claims and appeals and will deal with the new Personal Independence Payment (PIP) when it is introduced between 2013 to 2016.

Currently, there are several moderators off sick or in hospital, nevertheless I'm pretty sure that a moderator with experience of ESA will reply to you soon.

Moderators note: This post was compiled before Gordon's reply. Apologies for any inconvenience

I had a telephone call yesterday to tell me that I had been placed into the WRAG and would be getting a letter to that effect in the next few days. Like the OP this was after filling in the ESA50 and also without a medical. I had sent off lots of 'evidence' with the ESA50 but it seems to have made no difference. I told the gentleman who phoned me that I would appeal and he said that I could ask their decision maker to look at my claim again. I was given to understand that ATOS had made the decision to put me in the WRAG even though I have not had a medical. Obviously I will have to wait and see what the paperwork says (when it comes), but is it normal to be able to appeal to the DWP decision maker or is a Tribunal the usual route of appeal. I don't know if it makes any difference that I am transferring from incapacity benefit. To be honest I have just had surgery and the phone call went by in a bit of a haze. If they never paid me another penny I could not go to work. I feel really il and the stress of this is not helping me at all.

It is possible to ask for a reconsideration rather than an appeal, and some people do so. However, 1)Recons are taking some months and 2) It is mandatory for the DWP to carry out a further recon if you shuld appeal. For these reasons we tend to suggest that people go directly to appeal rather than asking for a recon first.

Thank you all for your input and the position is much clearer now. My appeal form duly arrived in the post today MINUS the reasons I requested and also the descriptor scores, so I have had to contact the DWP again.

I forgot to mention one other query which they have probably given the wrong answer to as well and that is what happens in the future and after the 365 days payment when my conditions may worsen ( one of them is emphysema). On the basis of means testing I would not be eligible for Income Related ESA, but would I be able to submit s fresh claim in the future and go through the whole process again with a view to getting into the Support Group. The DWP say no unless I qualified for Income Related Benefits. Are they correct?

Thanks again.

Peridot