IB to ESA WRAG ADVICE RE MEDICAL REPORT

I recently received an EAS50 questionaire to complete. On 29th November I they wrote informing me I was being placed in the WRAG contribution based for 365 days. This was without attending a medical.
I decided to get advice on Monday from Welfare rights regarding appealing for the Support Group. I saw one of their walk in advisors. I took a copy of the ESA50 I printed off so they could see my answers.
The advisor only read the first couple of pages and said the decision was correct and there was no point in appealing. She didnt't even read as far as the mental health part, merely basing her decision on the physical aspect.
She stated at this time I hadn't received any points, and that I would be called in for a medical in around 2 months where it would then be decided how many points my illness was worth and whether or not I qualified to continue receiving ESA.
I was under the impression that to get this far I would have had to score at least 15 points, but she insisted I hadn't. She commented on the fact that as I have previously self harmed 14 years ago, that this might be something which could form the basis of an appeal. I hadn't mentioned this on the ESA50, so I presume it was on their records as they have helped me before with an appeal. She then changed her mind and told me not to appeal at this stage and to wait until after the medical in 2 months when I could decide once they'd reached a final decision.
On another matter she informed me that I hadn't declared my Industrial Injuries to HMRC and that if they found out I could be liable for over £2000 in back tax. I checked HMRC's website when I got home to find out it's non taxable.
I called their office yesterday to try and talk to the Welfare officer who has helped me before to get a second opinion. I was told that he was too busy and that members of the public don't usually get to talk directly to the Welfare Officers. It turned out it was the same person who I had seen on Monday that had answered the phone. She then said if I had a complaint about the advice I had been given she would get a manager to call me back. 10 minutes later I had a call from the manager. It was obvious the advisor had told her all the circumstances. Regarding the 15 point question, she told me it was a new system DWP were using when they thought a person might be due an award of esa to transfer them without a medical. She asked me questions from the ESA50 and said that on the physical side I wouldn't have any grounds for appealing.
As a result of my physical problems I suffer from depression and anxiety. She said that I might have a chance on that basis because of some of the things I wrote.
However she said to do the appeal on my own and that I would need a letter from my Doctor or a Councellor I have been seeing, as medical evidence before they would consider taking on my appeal once I had received the appeal papers.
My GP wrote a short letter stating my physical problems and that I was profoundly depressed which I had sent with the ESA50. My GP doesn't seem to understand just how my problems affect my everyday life and isn't exactly helpful. I saw my Councellor for the last time today and she said it should be my GP that writes a detailed letter regarding my depression.
I feel so alone now and don't know where to turn for help. My health has worsened as a result of going through this already and I don't feel able to do this on my own. I am at my lowest point and am finding it very hard to cope with anything let alone try and appeal on my own as I find the whole thing overwhelming. Can someone please advise me where I can get help as without a letter from my GP, which I'm not sure she would do, Welfare rights won't help me. I only have 2 weeks left to let DWP know if I want to appeal.

After reading your post, i hope one of the mods can help you, as i certainly am not experienced or qualified!!!!!

However, the only bit i can tell you which may help out your mind at rest is that Industrial Injuries Disablement Benefit is not regarded as income for the purpose of claiming Tax Credits. My husband gets this and claims Tax Credits and was told like DLA it is a Tax Free benefit.

Hope this helps a bit.

Take Care.
Radhika.

Unfortunately that is not always the case.
I get DLA HM/HC, CB ESA SG,Ind Inj at 50% and hubby works, no carers premium or allowance apart from underlying carers no money, no council tax credits or other income from any other benefits but ALL is lumped together for assessment for working tax credits.

Hi,

You may be correct there,Pussycatmum.

Hubby gets child tax credits!!!! as i do not work.

Radhika.

Just to pick up on a couple of points,Oxford. Yes, you must have either scored 15 points or met the 'exceptional circumstances' rule in order to have been awarded ESA in the WRAG. DWP have made their decision, you will not now be called for a face-to-face assessment (laughingly referred to as a 'medical'!).