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ESA WRAG Decision Without A Medical
- Debs424
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Sorry to be a total pain, but do I actually refer to the descriptors, and the exceptional circumstance rule that is applicable, within my statement, or do I allow them to come to their own conclusions from reading what I can and can't do?
My gp had stated in her own words why I should be found to have limited capability for work-related activity, but didn't actually mention the exceptional circumstance rule. Should she write another letter actually mentioning it?
I don't want to appear pushy ... but obviously want to try and get this as right as possible, first time.
Many thanks
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- bro58
Debs424 wrote: Thank you so much for your swift reply bro58.
Sorry to be a total pain, but do I actually refer to the descriptors, and the exceptional circumstance rule that is applicable, within my statement, or do I allow them to come to their own conclusions from reading what I can and can't do?
My gp had stated in her own words why I should be found to have limited capability for work-related activity, but didn't actually mention the exceptional circumstance rule. Should she write another letter actually mentioning it?
I don't want to appear pushy ... but obviously want to try and get this as right as possible, first time.
Many thanks
Hi D24,
Don't worry about "being pushy" with The DWP.
It is perfectly reasonable to list any of The Functional SG Descriptors that you feel that you qualify under, giving reasons and even actually citing the numbers etc, of the relevant SG Descriptors.
If you feel that you also qualify under ESA Reg 35, with regards to "Substantial Risk", then cite Reg 35 as well, as a back up.
Any added supportive and relevant comments that your G.P. can provide should only help.
bro58
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- Debs424
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- Posts: 37
Today, suprisingly quickly, I received a letter from DWP regarding my ESA claim and concerning their looking again at their decision to place me in the WRAG. I had only received their initial decision on 21st March. Unfortunately, they have upheld their original decision and I am now on the appeal path
Having read the info on here I rang DWP and asked if they could send the evidence used by the decision maker. The lady who took my call explained that I would have to write in as she couldn't take a request by telephone. Whilst on the phone she explained that the support group is only for those who are terminally ill or with severe brain injuries. I didn't respond but I wonder how many people would give up even considering an appeal having been told this. She told me that those in WRAG may well be ill but with training and support they can work. Rather an abrupt lady with very little compassion!
Next step my GP on Friday and a request for another letter of support! Fingers crossed.
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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- Posts: 50959
Debs424 wrote: Update:
Today, suprisingly quickly, I received a letter from DWP regarding my ESA claim and concerning their looking again at their decision to place me in the WRAG. I had only received their initial decision on 21st March. Unfortunately, they have upheld their original decision and I am now on the appeal path
Having read the info on here I rang DWP and asked if they could send the evidence used by the decision maker. The lady who took my call explained that I would have to write in as she couldn't take a request by telephone. Whilst on the phone she explained that the support group is only for those who are terminally ill or with severe brain injuries. I didn't respond but I wonder how many people would give up even considering an appeal having been told this. She told me that those in WRAG may well be ill but with training and support they can work. Rather an abrupt lady with very little compassion!
Next step my GP on Friday and a request for another letter of support! Fingers crossed.
As your file is being passed to the Tribunal Service you should receive all of the evidence used in the Decision in the next few weeks, and certainly within the next 5 or 6 weeks at the most, although you can still make a direct request if you want. Once you have received these papers, all further correspondence in regard to your appeal should be made through the Tribunal Service.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
Debs424 wrote: Update:
Today, suprisingly quickly, I received a letter from DWP regarding my ESA claim and concerning their looking again at their decision to place me in the WRAG. I had only received their initial decision on 21st March. Unfortunately, they have upheld their original decision and I am now on the appeal path
Having read the info on here I rang DWP and asked if they could send the evidence used by the decision maker. The lady who took my call explained that I would have to write in as she couldn't take a request by telephone. Whilst on the phone she explained that the support group is only for those who are terminally ill or with severe brain injuries. I didn't respond but I wonder how many people would give up even considering an appeal having been told this. She told me that those in WRAG may well be ill but with training and support they can work. Rather an abrupt lady with very little compassion!
Next step my GP on Friday and a request for another letter of support! Fingers crossed.
Hi D424,
You have obviously fell victim to yet another DWP "Call Responder" who has the benefits knowledge of a "Dead Ant" !!!!
bro58
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