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is to esa wrag, help needed

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11 years 2 months ago - 11 years 2 months ago #99159 by craigdimarco
is to esa wrag, help needed was created by craigdimarco
Hello all

this is my first post and at the moment i dont no what to do. i received an esa form on the 23rd December (could have been 27th) saying they were transferring me to esa from income support on illness grounds (i was on ib at one time but was moved to is as my prescriptions would then be free, im not sure why i was moved, i also suffer severe memorry loss since my rta) and needed to fill in the questionnaire

my form did not contain the cancer treatment part on page 20/21 so i assume it the older style form, i have a spare copy of the form and at the bottom it says esa50 03/11, so i assume mines the old form but as my decision has come after 28th jan i have been assessed with the new rules?

I decided to get help filling in the questionnaire from a local welfare advisor from a local solicitors which was free of cost becasue of legal aid, the questionnaire wasnt filled in particularly good, so my mum (carer) added more info to the questionnaire.

i suffer from chronic migraine/Nausea, frontal lobal damage of the brain (due to a serious rta) PTSD & OCD, Severe depression, agoraphobia, anxiety, chronic back pain (accident related, and had two operations on my back), chronic stomach/indigestion and severe asthma, etc

i sent over 100 supporting letters in within the last 18 months with the esa questionnaire, doctors support letters, copies of prescriptions, a summary report from my gp, letter from when i was referred in to the crisis team, psychiatrist, neurologist detailed reports and medications and plans im on, the amount of time and effort and stress the form caused is unreal

I received a letter today dated the 7th saying ive been placed in esa wrag group, i havent had a letter to attend a mediacal, it was just a letter saying ive been placed in wrag and its the first letter ive had back from them since sending off my form 12 days ago, does that mean i wont be sent for a dreaded medical??

its unbelivavble that they can come to a result within 12 days, it would have at least taken them several days to read all the supporting documentation, which leads me to believe they clearly never read my supporting letters,

i am bed ridden every day for the majority of the day and was told i should be put in to the support group by looking at my conditions and factors, due to unable to walk long distance etc, looking at the guides here, most of my answers for the majority of the questions were in the 9 and 15 point range, for nearly all the question apart from 1 or 2, so according to the guides i should have easily met the guidelines for the support group?

or am i wrong here?

am i correct if you receive at least 1 15 point mark question in the physical and one 15 point mark in the mental you should be in the support group?


the letter has actually made me really suicidal which i feel alot anyway due to my health problems and i am constantly monitored by my gp because of this the added stress. this is the type of thing which can easily push someone over the edge.

im not sure were to go from here?

the gentlemen who helped me fill in my form just after christmas unfortunately has had a stroke, and the practise he works for cannot fit me in till mid march which will be after the month i have to appeal. also they stated they are losing legal aid due to the government cutting this, as another further way to stop people appealing decisions. unbelievable

so im going to try and go to the cab friday morning to see if they can help me, its going to be extremly difficult for me to get there becasue ill be in constant pain

i signed up for the memebers pack last night, but im not sure were ill need to look.???

im confused on what guides to look at as my esa form was sent to me at the end of december at the bottom is states 03/11 it didnt have the cancer treatment on page 20, theres a couple of guides in the members area and im not sure on what to look at, obviously i will need to look at the appeal guide's but is there a different version?

ive heard some people have opted for a review instead of an appeal? whats the difference?

i also read forum posts here about memebrs scoring 0 points etc? how will i now what points i scored?, is there a way of finding out, and whats the relevance of this?



what would i need to send with my appeal would i need to send all my documents and letters again?, is it even worth it as they clearly couldnt have read the detailed reports from my gp/neurologists etc?, explaining im bed ridden daily in pain for several hours of the day and constantly nauseous due to migraines etc (theres a lot more but rather then explain here all my illness's and problems), so would it be a waste of time sending it in again? lookly i did make copies of some but not all forms/letters i sent

my intentions are to appeal to get into the support group although, im in a severe state of health now so its going to be a struggle.

whats an upsetting factor is, my medical reports and gps/consultants all agree im in severe pain and have severe/chronic conditions and i have to follow a program of medication to help me, but yet the jobcentre/esa seems to no better than all the specialists put together and expect me to be in work in 12 months!

sorry to bombard everyone with questions

hope someone can help and give some advice

kind regards
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #99169 by Gordon
Replied by Gordon on topic is to esa wrag, help needed
craigdimarco

Welcome to the forum and B&W, we will do our best to help you.

I know it was your first post, so no problem, but could you try and keep future ones down to a more manageable size, as a lot of members including some of the Moderators struggle with long posts.

You might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

WIth regard the points and being placed in the WRAG or the Support Group. The WRAG is points based, scoring 15 points or more will see you placed in the WRAG. Some, but not all of the 15 points descriptors for the WRAG are the same as descriptors for the Support Group, so scoring 15 points for one of these WRAG descriptors will also result in you being placed in the SG, the mobilising 50m test is an example of his. However, not all of the WRAG descriptors (15 points) are the same as the SG ones, so it is possible to score 15 points in the physical section 15 points in the mental health one and still not be placed in the Support Group.

You can request a Reconsideration or an Appeal. If the Reconsideration does not revise the Decision then you can still make an appeal. An appeal includes a Reconsideration as standard, so you lose nothing by appealing and may save yourself several weeks or even months, if your case goes to the Tribunal Service by making an appeal in the first place, which we recommend.

You can usually get an idea of what points you may have scored by requesting the ESA85A report that would have been produced by ATOS as a result of your ESA50 and the evidence attached to it.

The following FAQs cover the Appeal process in more detail.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Do I have to attend WFIs while I appeal?

Our ESA Appeal guide explains the process in more detail, and I would also suggest that you review our ESA Claim guides, both are available on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

Unless you can find a definitive date for the Decision, it is impossible to know (this close to the change), which rules you were assessed under, but I would recommend that you refer to the guides under the "'Old' ESA50 form, decision on or after 28 Jan 2013" heading.

If you need us to explain anything or have further questions, please reply to this post.

Gordon

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

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11 years 2 months ago - 11 years 2 months ago #99179 by craigdimarco
Replied by craigdimarco on topic is to esa wrag, help needed
Hi gordon sincere apologies about the long winded post, looking back it did seem extremely long, at the moment im very stressed at the outcome of how ive been put in the wrag, so i baffeled on abit, sorry about that!

one of my main conditions is memory loss and cognitive issues, so things dont sink in to easily, so im struggling to take everything in at the moment

can i just confirm, i actually would have scored 15 points for the mobility regarding the "50m test", as i explained on the form i would have to stop and am unable to complete this without stopping with or without an aid, due to my back, breathlessness and asthma

so in itself on that question alone would that have been adequate to be placed in the support group?

sorry if you've clearly explained this, things arnt sinking in at the moment!

thanks again gordon on advice regarding the appeal, i will then choose an appeal over reconsideration, my carer picked up the gl24 form today from the jobcentre

My main question is do you recommend sending my medical documentation again with this gl24 form??, eg doctors/consultant letters mediatcion, reports etc?, although i dont have everything i sent the first time, as i didnt make copies of everything unfortunately

i have a feeling the first batch of information i sent was clearly not read and probably has been misplaced.

im also going to try the cab tomorrow so hopefully they will arrange an appointment to make an appeal

i will also print of the guides you recommended and post back

Really appreciate your reply

Kind regards
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #99201 by Gordon
Replied by Gordon on topic is to esa wrag, help needed
craigdimarco

It is not impossible that neither the ATOS assessor or the DWP Decision Maker have looked beyond your qualifying for the WRAG, even though it is their responsibility to do so.

To be clear, the mobiliing test is not a walking test, it also considers your ability to propel a wheelchair over the 50m as well. From your post, it would seem unlikely that you would be able to do that as well, but if not directly addressed on your ESA50, then it may have been assumed that you could.

It is not necessary to send further eveidence with the GL24 in order to lodge an appeal, indeed, if you have already sent all of your evidence with the ESA50, then you can simply refer to it, nor is there a requirement for you to re-send information that you have already submitted.

Whilst you should not exceed the one month to lodge an appeal, you should have time to wait for the documentation on your claim. There may also be an ESA72, although it we are not sure when it is produced. A more complete list of documents is contained in the following

ESA medical – what forms to ask for?

Gordon

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

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