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IB to WRAG

  • linda52
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11 years 4 months ago - 11 years 4 months ago #95108 by linda52
IB to WRAG was created by linda52
Hi

My mom received notification last Friday after completing the ESA50 questionnaire (with my help although i did not know about this site at that time) she is being placed in the WRAG, as described of not currently being fit for work for at least 12 months.

She suffers with what has been diagnosed as degenerative spondylosis (having constant pain) and arthritis in her hands also suffering with depression. She worked as a school head cook for over 25 years and was finished from work due to these illnesses and was on IB from 2005.

She is 60 next month but due to the state pension age altering for women will not receive state pension until 62 years 8 months, correct me if im wrong but i presume the DWP take this into account as i read that if u are state pension age you will not be reassessed and would not have to attend the work related interviews?

We contacted the number on the letter to ask for a ESA85 in which they presumed we were asking for a reassessment i explained this is not what we wanted as we need to know what information has been taken into account before we decide what to do next. They informed us this would take 5 to 10 working days posted 2nd class? and to call next week if we havent received this.. is it wiser to request this in writing?

We do want to appeal against this decision as my mom will never work again due to the pain and discomfort she lives with, however we are concerned that she may loose out altogether?

As her condition varies from one day to the next from being bedridden when her back is in spasm to being able to walk with discomfort its hard to pin point how she meets the SG criteria?

Also is she receives the WRAG allowance for 12 months can a person apply for SG at the end of this time?

Many Thanks in advance
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95129 by Gordon
Replied by Gordon on topic Re:IB to WRAG
Linda

I'lll try and answer your questions as they have been asked.

The Upper Age Limit, will excuses claimants from attending WFIs will be based on her actual State Retirement Age.

It is perfectly possible that the ESA85 will be sent as a result of your phone call, however, we normally recommend confirming the request in writing to the DWP office that is dealing with her claim.

You mention she has a variable condition, she is entitled to be assessed on how she is for the majority of the time.

You would normally have to lodge an appeal within one month of the date on the Decision letter, however, it is possible to make a late appeal providing you can show Good Cause why it is late.

You cannot make an appeal after 13 months have elapsed.

She may be re-assessed within the 12 months, in which case she will have a new opportunity to be placed in the Support Group, however, if this does not happen, she can only request a new assessment if she can show that there has been a deterioration in her condition.

Making an appeal carries an element of risk, see

Is there any risk to challenging a decision?

Gordon

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

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  • linda52
  • Topic Author
11 years 4 months ago - 11 years 4 months ago #95136 by linda52
Replied by linda52 on topic Re:IB to WRAG
Many Thanks for your answers Gordon.

Is there any where in the documentation where it states she is entitled to be assessed on how she is the majority of the time?

You state that she may be re-assessed within the 12 months - is this a possibility when she has been granted WRAG? or do you have to request on re-assessment.

She was never called for a medical which was suprising, I presume their decisions were made from the ESA50.

Many Thanks
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95147 by Gordon
Replied by Gordon on topic Re:IB to WRAG
linda52 wrote:

Many Thanks for your answers Gordon.

Is there any where in the documentation where it states she is entitled to be assessed on how she is the majority of the time?

This is explained om more detail in the How to show you score points even if you can actually do an activity in the ESA Claim guides.

Whilst not specifically defined in the legislation, this is the result of Case Law being applied to the way claimants should be assessed.

You state that she may be re-assessed within the 12 months - is this a possibility when she has been granted WRAG? or do you have to request on re-assessment.

The ESA85 usually contains a prognosis which is used to set a re-assessment date, the average period for the WRAG is 6-12 months.

She was never called for a medical which was suprising, I presume their decisions were made from the ESA50.

Yes, this is the case. As she had no assessment, it will actually be an ESA85A.

Gordon

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