Downgraded from SG to WRAG in 3 days!

Yesterday

I telephoned JCP first thing yesterday, who said it looked like I was in SG by the amount of money I am being paid but the Incapacity Migration Team in Kilmarnock would call back to confirm. They called back saying I am definitely in the WRAG! I was devastated. I told them I intend to appeal.

I've sent off the B&W appeal letter today asking for the decision maker's reasons and evidence relied upon, together with Atos report and points score etc.

Today

I received a copy of the Atos medical report and Form LT54 today.

That is breathtakingly fast by the DWP.

Thanks Gordon, I hear what you're saying but again, I can't see that my answers could be the problem here.

Appeal Form sent off yesterday and expecting another long wait. In the meantime, considering my complaint of misrepresentation and maladministration to the DWP. MP can't take appointments for 4 weeks, but may copy everything and send to him instead.

Tabbycat wrote: Thanks Gordon, I hear what you're saying but again, I can't see that my answers could be the problem here.

Appeal Form sent off yesterday and expecting another long wait. In the meantime, considering my complaint of misrepresentation and maladministration to the DWP. MP can't take appointments for 4 weeks, but may copy everything and send to him instead.

Hi Tc,

To speed things up and prempt a face to face appointment with your M.P. you could contact the M.P.'s local office, and e-mail any information that you may wish to discuss in advance.

It is generally an M.P.'s Caseworker that deals with such issues, anyway.

See : Contacting your MP

bro58

Good idea Bro58! Emailing everything to his assistant would be speedier and save money on ink. I have spoken to him a couple of times this week already, but will phone again next week to ask for his email address.

Many thanks.

Hi sorry to read your problems,mine are the very same as yours but because I was asked if I could walk in the garden they assessed me as being able to walk up to 200meters,how they can take that from saying on a good day I could walk out to the garden is beyond comprehension,like you the doctor stated that I could not work in the longer term this is obviously about saving money knowing that after 365days I will not receive a penny,I will fight this all the way but I fear I'm going to lose my money.

Progress report ...MP back from paternity leave, wrote letter of complaint to DWP, JCP & Atos last week, re. misrepresentation of evidence and maladmistration. Had asked for copy to go to IDS, but if he hasn't done this, I'll do this myself, once finalised.

On Tuesday had a phone call from the DWP Complaints Resolution Team acknowledging my complaint and saying his manager would look into matters and phone me in due course. Reminded him I had already requested everything in writing and no phone calls! Later, had a call from my local JCP. He told me they had looked at my ESA claim again and decided I should be in the SG with review in 2 years. Asked for confirmation in writing, including DM’s reasons for decision. Pointed out they had been paying me at SG rate all along, despite being in WRAG for 8 weeks!

Yesterday the DM’s reasons (LT54) arrived ….. “having considered available evidence …. has problems with both lower and upper limbs …. receives HR care and HR mobility of DLA … etc. I had not mentioned my DLA award on my ESA50 Form. However, why should I when the DWP had every opportunity to check whether or not I received this benefit from the outset.

Now that I have proved to DWP I should be in SG, I intend to persevere with my claim against them, JCP & Atos for maladministration, with copy to Ian Duncan Smith, MP.

It is my belief that these agencies are deliberately making mistakes in the hope claimants don't appeal.