transfer from IB to ESA (WRAG) possible appeal

I've just joined this site so apologies if I'm asking the wrong question, but I'm limited for time, and our local CAB office cannot see me either, within my time limit of possible appeal.

I suffer from ME, Sleep Apnoea, and Spondylolisisthesis, and have been claiming IB since around 1995/6. I had a back fusion op done last October (recuperation time of 18 months), which has not been successful and I am about to go back in for another attempt on 20 Dec.

I filled in the ESA50 form and have received the decision back last week without going for a medical that they have placed me in the WRAG group. I phoned DWP on the advice of CAB to ask for evidence of the decision which I received in the post which states I have limited capability for work, but the prognosis is that work is unlikely in the longer term.

I am unable to walk without discomfort at present more than 50 metres, can't sit or stand for periods of approx about 5-10 mins because of my back pain, and can fall asleep at anytime during the day/night because of ME/Sleep Apnoea. I don't use the cooker whilst my husband is not at home, because I forget and burn pots etc.

Should I lodge an appeal, because all that has been mentioned on the report form is CFS(Chronic Fatigue Syndrome) which is my ME, no other illness has been mentioned.

I only have until 25 December to lodge the appeal, and I have an appointment with my GP on 13 Dec.

Any help you can give on this matter would be helpful. I also have a hand writing shake (motor stutter in right hand), can I type up the appeal and attach it to the GL24.

texmex wrote:

I've just joined this site so apologies if I'm asking the wrong question, but I'm limited for time, and our local CAB office cannot see me either, within my time limit of possible appeal.

I suffer from ME, Sleep Apnoea, and Spondylolisisthesis, and have been claiming IB since around 1995/6. I had a back fusion op done last October (recuperation time of 18 months), which has not been successful and I am about to go back in for another attempt on 20 Dec.

I filled in the ESA50 form and have received the decision back last week without going for a medical that they have placed me in the WRAG group. I phoned DWP on the advice of CAB to ask for evidence of the decision which I received in the post which states I have limited capability for work, but the prognosis is that work is unlikely in the longer term.

I am unable to walk without discomfort at present more than 50 metres, can't sit or stand for periods of approx about 5-10 mins because of my back pain, and can fall asleep at anytime during the day/night because of ME/Sleep Apnoea. I don't use the cooker whilst my husband is not at home, because I forget and burn pots etc.

Should I lodge an appeal, because all that has been mentioned on the report form is CFS(Chronic Fatigue Syndrome) which is my ME, no other illness has been mentioned.

I only have until 25 December to lodge the appeal, and I have an appointment with my GP on 13 Dec.

Any help you can give on this matter would be helpful. I also have a hand writing shake (motor stutter in right hand), can I type up the appeal and attach it to the GL24.

Hi tm,

Yes, you can type up your submission and attach it to The GL24.

Have a look at these two threads from yesterday :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=95748#95748

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=95761#95761

If you feel that they do not provide the information that you require, please repost your query on this thread.

bro58

Thanks for your reply last week, I've also just remembered part of the telephone conversation I had last week, when I phoned DWP, which is now bothering me after looking at the information on this site.

I spoke to someone who said I had been placed in the WRAG because they thought I could be assessed and helped to return to employment within 18 months, and unless I would only be in the support group if I could prove I was unable to return to work within a period of 2 years, and that I could be switched to the support group even after being in WRAG, so I didn't really need to appeal within the month, this could be done anytime.

Is this correct info? I would be obliged to hear your views

Thanks Gordon, after reading the info on here and trying to put 2 and 2 together it seemed a strange conversation, which is why I posted. I couldn't figure out a way to appeal to prove that I would not be fit to work for more than 2 years, unless I have a crystal ball.

I think I will now try and persevere with an appeal.

One more question, Is there something I can request to find out how many points etc I've been awarded?
Again apologies if it is posted here already and I've missed it, trying to take in all the info, I get very tired, and have to go back to start again.
Thanks again

Texmex

texmex wrote:

Thanks Gordon, after reading the info on here and trying to put 2 and 2 together it seemed a strange conversation, which is why I posted. I couldn't figure out a way to appeal to prove that I would not be fit to work for more than 2 years, unless I have a crystal ball.

I think I will now try and persevere with an appeal.

One more question, Is there something I can request to find out how many points etc I've been awarded?
Again apologies if it is posted here already and I've missed it, trying to take in all the info, I get very tired, and have to go back to start again.
Thanks again

Texmex

Hi TM,

You could request a copy of The ESA85A Medical Report, it "may" give you an indication of why you where placed into The WRAG, but don't bank on it, as these ESA85A's tend to be very vague. It should also contain the prognosis, which is the recommended length of the WRAG award before reassessment.

There may also be an : ESA72 Form , an : ESA 113 Questionnaire , if one was sent to your G.P., and an LT54.

See also :

ESA Forms

ESA medical – what forms to ask for?

The above can be requested over the phone by ringing the Benefits Office that deals with your ESA, we advise that you should back up any verbal request in writing, see :

Sending Documents to the DWP or ATOS

Do not miss your one month deadline to appeal if the above have not arrived.

bro58