WRAG asking for reconsideration to SG

Ok after a very long drawn out process I have migrated to ESA.

I have been put in the WRAG group for a year.

I understand it could have been a lot worse, so right now I am in 2 minds to appeal this asking for SG or leave it alone.

The situation is I probably dont have more extra written evidence to submit if I asked for a change, I would be asking on the basis I think they got my mobilising distance wrong (Clearly they didnt give me 15 points on that descriptor else I would be SG).

So my questions are if I may.

If I ask for a copy of my medical report how quick do they usually send it, this given I have to ask for reconsideration or appeal within a month. I dont know the date of the decision, I only know because I had a letter telling me I would be paid ESA from the 24th october. Which was the day after my last IB payment I think they waited for the end of the IB 2 week period. Other then that I had no written confirmation of the decision, I know I am in WRAG as I rang up and asked.

If I accept the WRAG or they refuse to change me to SG, what can I expect in terms of work related activity, I understand this used to be interviews but now they can refer to the work programme as well? This seems to be a lot of confusing info on the internet. I rather like to know whats happening in practice instead of what they can do at extreme uses of their powers.

Thanks

Chris29 wrote:

Ok after a very long drawn out process I have migrated to ESA.

I have been put in the WRAG group for a year.

I understand it could have been a lot worse, so right now I am in 2 minds to appeal this asking for SG or leave it alone.

The situation is I probably dont have more extra written evidence to submit if I asked for a change, I would be asking on the basis I think they got my mobilising distance wrong (Clearly they didnt give me 15 points on that descriptor else I would be SG).

So my questions are if I may.

If I ask for a copy of my medical report how quick do they usually send it, this given I have to ask for reconsideration or appeal within a month. I dont know the date of the decision, I only know because I had a letter telling me I would be paid ESA from the 24th october. Which was the day after my last IB payment I think they waited for the end of the IB 2 week period. Other then that I had no written confirmation of the decision, I know I am in WRAG as I rang up and asked.

If I accept the WRAG or they refuse to change me to SG, what can I expect in terms of work related activity, I understand this used to be interviews but now they can refer to the work programme as well? This seems to be a lot of confusing info on the internet. I rather like to know whats happening in practice instead of what they can do at extreme uses of their powers.

Thanks

Hi C29,

You are entitled to written confirmation of the WRAG award by law :

As a decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

You then have one month from the date of this decision notice to appeal.

It seems this is happening far to often of late, where claimants are not receiving written notification of an ESA decision.

Regarding how long it will take to receive copy of the relevant ATOS medical report, it seems to vary, some people have received it within a matter of days, for others it has taken months, and for some they are still trying to obtain them.

If you issue a formal written request, as backup to any verbal request over the phone, they are supposed to supply the requested documentation within 40 days, see :


www.dwp.gov.uk/privacy-policy/data-protection/

&

www.ico.gov.uk/for_the_public/personal_i...age/access_info.aspx

If you wish to appeal, you can do this ASAP by simply stating that you disagree with the WRAG award, and that you will provide further info at your earliest convenience.

You can download the GL24, from the link on this FAQ :

How to submit an appeal

Members have been placed into the SG, without providing additional information, they have simply reiterated the information that they have already provided.

See also :

Do I have to attend WFI’s whilst I appeal?

What will I be paid while I appeal?

12 Month Limit for ESA(CB)

Work Focussed Interviews

Work Programme

ESA Guides

ESA FAQ’s

Appeals FAQ’s

bro58