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Need Help with ESA WRAG to Support Group Appeal

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11 years 5 months ago - 11 years 5 months ago #94863 by RH2012
Hi, I have just registered with this website in the hope of finding some useful info about how I should appeal, and also I hope I can find someone to help me.

I suffer with M.E/C.F.S (Chronic Fatigue Syndrome)
The effects it physically on me daily are severe,and mentally it effects me to a moderate degree.

I have been claiming Incapacity Benefit since 2001, and Disability Living allowance since around the same time, so I am being transferred onto E.S.A.

I filled in the ESA50 questionnaire and provided a little GP note acknowledging my diagnosis since 2000, and also a M.E
specialist letter from someone iv'e started seeing to help me.

I rang ATOS to see if I could send in further supporting evidence and they said they didn't need to see me for a medical and that they have already sent the report to Job Centre. I then rang them and they said i had been approved for ESA... I was so relieved after all the stress I have gone through with esa50 form which has worsened my symptoms, but then I asked if it was the support group and she said no, I have been placed in the WRAG.

I am so worried and depressed and physically drained by all this, and there is no chance I can attend these work focused meetings. My illness is a long term one and not likely to be any different in 365 days of ESA to look for work.

I haven't received any letters yet, but will definitely be appealing to be put in the support group.

Any help or advice however small would be greatly appreciated.

Rik
Last edit: 11 years 5 months ago by .

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11 years 5 months ago #94868 by shrinathji
I know exactly how you feel. My husband had a heart attack and suffered serious head injury years ago and letters from DRs confirmed he will hot improve and he was still put in WRAG when migrated from IB.

However, with the B&W wonderful guides and support from Mods and members we appealed giving lots of info(which was practically same as ESA50)and he was put in S/G for 2 years.

Please do not loose hope, as this will definately have a negative impact.Look at it this way you still have a chance to appeal. Hopefully another member who suffers from ME and is in S/G will give more advise.

In the meantime start collecting all evidence in your favour, don't wait for letter, as this will come anyway!!!

Good Luck.

Radhika.

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11 years 5 months ago - 11 years 5 months ago #94875 by
RH2012 wrote:

Hi, I have just registered with this website in the hope of finding some useful info about how I should appeal, and also I hope I can find someone to help me.

I suffer with M.E/C.F.S (Chronic Fatigue Syndrome)
The effects it physically on me daily are severe,and mentally it effects me to a moderate degree.

I have been claiming Incapacity Benefit since 2001, and Disability Living allowance since around the same time, so I am being transferred onto E.S.A.

I filled in the ESA50 questionnaire and provided a little GP note acknowledging my diagnosis since 2000, and also a M.E
specialist letter from someone iv'e started seeing to help me.

I rang ATOS to see if I could send in further supporting evidence and they said they didn't need to see me for a medical and that they have already sent the report to Job Centre. I then rang them and they said i had been approved for ESA... I was so relieved after all the stress I have gone through with esa50 form which has worsened my symptoms, but then I asked if it was the support group and she said no, I have been placed in the WRAG.

I am so worried and depressed and physically drained by all this, and there is no chance I can attend these work focused meetings. My illness is a long term one and not likely to be any different in 365 days of ESA to look for work.

I haven't received any letters yet, but will definitely be appealing to be put in the support group.

Any help or advice however small would be greatly appreciated.

Rik


Hi R,

Welcome to Benefits & Work. :)

It may help initially if you read this page :

Welcome to Benefits and Work

We do have quite a few members who suffer with ME/CFS, so you are not alone.

Here are a list of previous posts that came up when I put ME/CFS into the search engine at the top right of the page, from here :

Searching The Forum

ME/CFS Posts

You may wish to have a read through them to glean out any useful information.

With respect to appealing the WRAG decision to gain entry to the SG, firstly have a look at :

Qualifying for the Support Group

And the SG qualifying descriptors, here :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

You must fulfill at least one of these descriptors to qualify for SG.

Or you may qualify under Exceptional Circumstances Rules :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

If you filled in and returned the ESA50 before having access to our ESA Claims Guides, it may help you to put up a stronger case in your appeal, if you read our ESA Claims Guides, which are the 3rd and 4th links on this page :

ESA Guides

Whilst on that page you can also read :

"Employment and Support Allowance appeals
35 page guide to revisions and appeals for ESA."

Which is the 5th link down.

If you then decide to appeal, you must do so within one month of the date of the WRAG award decision letter, (When you get it) you could start the process now, by downloading the GL24 Appeals Form from the link on this page :

How to submit an appeal

See also :

Is there any risk to challenging a decision?

How long do I have to appeal?

What will I be paid while I appeal?

How long to hear an appeal?

Do I have to attend WFIs while I appeal?

Which are all available in our : Appeals FAQ’s

If you do appeal, you will first receive an automatic reconsideration of the WRAG decision by a different DWP Decision Maker. If the decision is not changed in your favour at that stage it will be sent forward to The Appeals Tribunal Service with out you having to take any further action.

You should also take a look at our : ESA FAQ’s

If you feel that you need professional advice, see potential sources, here : Where to get advice?

You may also wish to request your ESA85A medical report which may give you a better idea why you did not qualify for the SG.

You can do this by phoning the DWP office that is dealing with your ESA and requesting it, it is always best to follow up any verbal request in writing.

See :

ESA medical – what forms to ask for?

ESA Forms

&

Sending Documents to the DWP or ATOS

It may seem a lot to take in, but it is well worth taking the time.

Please return to this thread, if you have any further questions. :)

bro58
Last edit: 11 years 5 months ago by .

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11 years 5 months ago - 11 years 5 months ago #94897 by RH2012
radhika wrote:

I know exactly how you feel. My husband had a heart attack and suffered serious head injury years ago and letters from DRs confirmed he will hot improve and he was still put in WRAG when migrated from IB.

However, with the B&W wonderful guides and support from Mods and members we appealed giving lots of info(which was practically same as ESA50)and he was put in S/G for 2 years.

Please do not loose hope, as this will definately have a negative impact.Look at it this way you still have a chance to appeal. Hopefully another member who suffers from ME and is in S/G will give more advise.

In the meantime start collecting all evidence in your favour, don't wait for letter, as this will come anyway!!!

Good Luck.

Radhika


Sorry to hear about your husband.

I have read some of the guides already and they seem to be very helpful.
Really hard not to get to down as concentrating on how bad my illness is makes me worse with depression when I have to think about all the things I can't do and miss out on.
Thankyou for your support Radhika.
Rik
Last edit: 11 years 5 months ago by . Reason: Corrected post format

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11 years 5 months ago - 11 years 5 months ago #94899 by RH2012
wow, thanks bro58. your post looks likes loads of help. Thank you. :)

I will get into it properly tomorrow as I'm to tired today now,glad I signed up.

Is it worth asking C.A.B to help me with it all?

My M.E specialist is very good and will have a word with them and ask if they could help in any way.

I just need to find out why they thought I would be ok for work given the support and guidance??..
I really don't understand this. My condition means activities make me worse and worse and fatigue gets so strong that I am bed bound if I overdo things, so how has the decision maker put me in the WRAG is beyond me and i just hope i can make a good argument to defend myself as I find it hard to concentrate and take things in properly and get easily confused by all this.

I will look through all the info you have recommended.
Thanks.
Rik.
Last edit: 11 years 5 months ago by .

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11 years 5 months ago - 11 years 5 months ago #94905 by
RH2012 wrote:

wow, thanks bro58. your post looks likes loads of help. Thank you. :)

I will get into it properly tomorrow as I'm to tired today now,glad I signed up.

Is it worth asking C.A.B to help me with it all?

My M.E specialist is very good and will have a word with them and ask if they could help in any way.

I just need to find out why they thought I would be ok for work given the support and guidance??..
I really don't understand this. My condition means activities make me worse and worse and fatigue gets so strong that I am bed bound if I overdo things, so how has the decision maker put me in the WRAG is beyond me and i just hope i can make a good argument to defend myself as I find it hard to concentrate and take things in properly and get easily confused by all this.

I will look through all the info you have recommended.
Thanks.
Rik.


Hi R,

No problem. :)

It would always be advisable to obtain peofessional face to face advice if you can.

If you can't find a local CAB etc, try putting Welfare Rights/Advice into Google with your Town or Postcode.

bro58
Last edit: 11 years 5 months ago by .

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