appealing wrag decision

i am appealing being placed in the wrag on the grounds that the health care professionals prognosis,(expected change) stated in my esa85, that a return to work is unlikely for at least 2 years,and the reason for the opinion given (was)the available evidence suggests improvement unlikely in the longer term. i have also received an appointment for my first wrag interview, + confirmation that my appeal has been received and they are looking at it again. they just seem to be contradicting themselves, how can i be expected to go for interviews when i am not expected to get any better after 2 years thank you.

magpiejoe08 wrote:

i am appealing being placed in the wrag on the grounds that the health care professionals prognosis,(expected change) stated in my esa85, that a return to work is unlikely for at least 2 years,and the reason for the opinion given (was)the available evidence suggests improvement unlikely in the longer term. i have also received an appointment for my first wrag interview, + confirmation that my appeal has been received and they are looking at it again. they just seem to be contradicting themselves, how can i be expected to go for interviews when i am not expected to get any better after 2 years thank you.

Hi mp08,

The statements from the ESA85 that you quote :

"that a return to work is unlikely for at least 2 years,"

&

"the available evidence suggests improvement unlikely in the longer term."

Are seen on many member's ESA85/ESA85A, these statements are in fact generated electronically by the LiMA software that they use to carry out the assessments,

See this thread :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=93783#93783

You will also see this terminology used in The WCA Handbook, 7th link down this page :

ESA Guides

Whilst your argument is quite valid, you also need to show how you qualify for the Support Group :

Qualifying for the Support Group

bro58

bro58 wrote:

magpiejoe08 wrote:

i am appealing being placed in the wrag on the grounds that the health care professionals prognosis,(expected change) stated in my esa85, that a return to work is unlikely for at least 2 years,and the reason for the opinion given (was)the available evidence suggests improvement unlikely in the longer term. i have also received an appointment for my first wrag interview, + confirmation that my appeal has been received and they are looking at it again. they just seem to be contradicting themselves, how can i be expected to go for interviews when i am not expected to get any better after 2 years thank you.

Hi mp08,

The statements from the ESA85 that you quote :

"that a return to work is unlikely for at least 2 years,"

&

"the available evidence suggests improvement unlikely in the longer term."

Are seen on many member's ESA85/ESA85A, these statements are in fact generated electronically by the LiMA software that they use to carry out the assessments,

See this thread :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=93783#93783

You will also see this terminology used in The WCA Handbook, 7th link down this page :

ESA Guides

Whilst your argument is quite valid, you also need to show how you qualify for the Support Group :

Qualifying for the Support Group

bro58

See :" 3.10 Medical Advice on Prognosis at Examination"

From page 123 onwards of The WCA Handbook.

bro58

Hi mp08,

You may wish to contact the WFI JCP adviser, to inform them that you have appealled, and to query why you are being compelled to attend WFI's when you have a 2 Year prognosis.

The JCP adviser "May" defer the WFI, they can even carry them out over the phone or in your home,

However, the three options mentioned above are purely at the discretion of the JCP adviser, and you have no legal right to them, see :

Work Focussed Interviews

&

Work Programme

The WRA Component of your ESA may be sanctioned for failure to attend without good cause, the sanction is 50% for the first 4 weeks, and 100% for every week after, until you attend.

Santions can only be imposed by a DWP DM.

bro58