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new member /is it worth appealing

  • Red
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11 years 3 months ago - 11 years 3 months ago #95748 by Red
Hi,,having sent in my paper work i got a call from wp saying that he had good news and bad news,first no medical was required as having looked at all the paperwork that i had sent in from various consultants He could tell that i would not probably work again (his words )i agreed. the bad news was that i had been put in the WRAG group,he advised me that he would send me out an appeal form straight away,as he thought ATOS had made a mistake.He advised me that i had not been specific enough about how far i could or could not walk,and that i needed to dot the i and cross the T.I sent in further info detailing distances and pain management . I have now been told that i have scored over 15 points But i quote (IT MUST BE REMEMBERED THAT ACTIVITIES DO NOT HAVE TO BE PERFORMED WITHOUT ANY DISCOMFORT OR PAIN)

AND -IT IS A GENERAL PRINCIPAL OF LAW THAT THE EARLIEST STATEMENT MADE BY A PERSON IS THE ONE THAT IS LIKELY TO BE MOST ACCURATE.

The guy told me himself to give more detail? and now they are disputing the fact and never mind what pain you are in, you are fit enough for the WRAG group .Iam going to appeal ,just needed to talk ---thanks
Last edit: 11 years 3 months ago by .

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11 years 3 months ago - 11 years 3 months ago #95752 by
Red wrote:

Hi,,having sent in my paper work i got a call from wp saying that he had good news and bad news,first no medical was required as having looked at all the paperwork that i had sent in from various consultants He could tell that i would not probably work again (his words )i agreed. the bad news was that i had been put in the WRAG group,he advised me that he would send me out an appeal form straight away,as he thought ATOS had made a mistake.He advised me that i had not been specific enough about how far i could or could not walk,and that i needed to dot the i and cross the T.I sent in further info detailing distances and pain management . I have now been told that i have scored over 15 points But i quote (IT MUST BE REMEMBERED THAT ACTIVITIES DO NOT HAVE TO BE PERFORMED WITHOUT ANY DISCOMFORT OR PAIN)

AND -IT IS A GENERAL PRINCIPAL OF LAW THAT THE EARLIEST STATEMENT MADE BY A PERSON IS THE ONE THAT IS LIKELY TO BE MOST ACCURATE.

The guy told me himself to give more detail? and now they are disputing the fact and never mind what pain you are in, you are fit enough for the WRAG group .Iam going to appeal ,just needed to talk ---thanks




Hi R,

Please see this extract from pages 24-25 of The WCA Handbook :

" These descriptors are set out in the legislation and relate to the person’s ability to perform that activity.
In considering each of these activities the concept of repeatedly, reliably and safely must be taken into account.
If a person can perform a task but is unable to repeat it within a reasonable timescale the person should be considered unable to perform the task.

For example, the HCP should consider what would be expected of an individual who did not have an impairment of their ability to mobilise. That is, a ‘normal’ individual would be able to perform this activity within a given time period and repeat that activity again after a reasonable rest period. The duration of the reasonable rest period can then serve as a basis for comparison to gauge the range of what is 'reasonable'.

The safety of the person must also be considered in each of the activities. If a person is at risk when performing a task, they must be considered incapable of the task.

A task must also be completed reasonably. If a person can complete a task but suffers significant pain or distress in doing so, they should be considered incapable of the activity."


Even though information provided in The WCA Handbook is "Guidance" given to ATOS HCP's and not actual legislation,the reasonably, reliably and safely concept is supported by UT Case Law. Further, when for example working out how far a claimant can "Mobilise" only the distance Mobilised by the claimant before the onset of severe pain, discomfort or breathlessness should be counted.

In other words if a claimant can "Mobilise" 30 Metres before the onset of severe pain, discomfort or breathlessness, but can then go on to Mobilise a further 40 Metres after the onset of the above, then it is only the 30 Metres that should be counted and not the whole 70 Metres.

The WCA Handbook is the 7th link down, and our ESA Claims Guides are the 3rd and 4th link down, this page :

ESA Guides

See this previous thread also :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=94838#94842

With regards to this statement, "AND -IT IS A GENERAL PRINCIPAL OF LAW THAT THE EARLIEST STATEMENT MADE BY A PERSON IS THE ONE THAT IS LIKELY TO BE MOST ACCURATE."

If that was the case, how would anybody have successful reconsiderations, or appeals.

As you have rightly stated, the DM requested more detailed information, and you have complied with his request.

If you wish to appeal, there is some risk involved, in that, your WRAG award will be looked at again.

You can download the GL24 Appeals Form, and print it off from the link on this page :

How to submit an appeal

You should also review all our : Appeals FAQ’s

And our : ESA FAQ’s

To see potential sources of professional advice, see :

Where to get advice?

If you have any further queries, please return to this thread.

bro58
Last edit: 11 years 3 months ago by .

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  • Red
  • Topic Author
11 years 3 months ago #95793 by Red
Replied by Red on topic Re:new member /is it worth appealing
thanks bro58,,,many questions ,but I need to work through the paper work first,,,,,,red

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