ESA WRAG decision: Appeal before the law changes?

I've had my ESA claim reviewed and found myself in WRAG again as of 6 March. I found out the decision to keep me in WRAG had been made without a medical after my job centre sent me a 'referral interview' appointment for the Work Programme.

My Chronic Fatigue Syndrome's worse than when I first applied in Nov 2011 and am struggling to work out if I fit the Support Group descriptor “cannot repeatedly mobilise 50m within a reasonable timescale because of exhaustion”. Thinking of appealing or asking for reconsideration for this reason. I never received a 'decision' letter and according to the Benefits Centre it sounds like one doesn't exist. I've asked twice for a 'statement of reasons' for the decision (over the phone) but they say there's no such statement, implying the ESA questionnaire I completed was “just to check if anything had changed (which it hasn't)” so no statement made as it wasn't needed. It seems too easy. I suspect I was put straight in WRAG with no medical as I was due to be referred to the Work Programme.

- If I want a reconsideration / appeal, how can I make a good case against their decision if there's no 'statement of reasons'?

- I've heard about law changes come into effect in April. Does anyone know the exact date for these changes (1 April's a bank holiday)? What exactly are the changes re. appeals / reconsiderations and how do they affect my situation?

As for the Work Programme there's no way my health's strong enough. Do B&W advise on that side of things? If not, can anyone recommend a good source for information, i.e. my rights, how I can avoid being referred if I've got valid health reasons? [Mods, am I allowed to ask this? If not I won't mind if you have to delete this bit]

One of the other mods says that he has only once encountered anyone who has received a formal 'statement of reasons' but you can request a copy of the ESA85a which should indicate where you scored points.

The GL24 doesn't need to be very specific in the first instance. Just say that you do not believe that the severity of your condition has been taken into account.

When you do put together your submission you should concentrate on how you meet the Support Group descriptors rather than spending too much time refuting the ESA85a.

Have you looked at our appeal resources? The following would be a good place to start.

Appeals FAQs

We do recommend that you go direct to appeal rather than asking for a reconsideration, this speeds the process up a bit.

The changes that you mention are not due to come into effect until the end of April and DWP says that they will not apply to ESA claimants until October. However, the law has not yet been enacted so we will have to wait and see how it is actually applied.

You will have to take part in Work Focussed Activities while you await appeal, but I think you will be spared the Work Program. Any work focussed activites should take into account your limitations

Do I have to attend WFIs while I appeal?

Work Focussed Interviews

If you have any further questions, please come back and ask them on this topic/thread

Yes MHB, that is correct, it was Gordon, here :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97456#101400

I have been Moderating for around the 2 year mark, and cannot remember a member saying that they had received a SofR.

bro58

Thank you both so much for your fast replies. I'm now working my way through the Appeals FAQ and the ESA FAQ.

In terms of the Work Programme:

1. The letter notifying me about my 'referral interivew' appointment says: “Yes, you must take part in the interview, unless you have a good reason not to. If you don't take part in the interview, your benefit could be affected.”

- What constitutes 'a good reason not to' attend and what evidence would I need to provide? (My GP says she'll back me up if I let her know what's needed from her. Would written support from a GP suffice?)

2. I absolutely know I'm not well enough for the WP so need to avoid being referred altogether.

- How can I do this: Do I need to somehow avoid the referral interview altogether? Or attend anyway and make my case once I'm there?

3. I've seen stories where jobseekers have been tricked into agreeing to be referred on the promise they won't necessarily have to do unpaid labour, only to find they were lied to and, having signed up, are now obliged.

- What are my rights and obligations at the referral stage? Is there really the option (as the letter implies) to discuss and decide “no, let's not refer her to the WP”?

Not sure if I can ask these questions here. If not, can anyone recommend where I can? Thank you again for your help.

I thought you could appeal only against a Decision on a Decision Notice? And that, once on ESA, being sent another ESA50 with/without a ftf was to check if anything had changed, not a re-assessment that leads to the issuing of a decsion notice if nothing has changed?

On DWP site, Explanatory Memo for the Social Security Advisory Committee, the ESA Reglns 2012, [seems to concern work-related requirements and sanctions]: "Claimant reponsibilites...There are two basic types of work-related requirement that can be imposed on ESA claimants. They are:
*Work focused interviews [what you have to go for even while appealing against having been placed in wrong category, I think]......
*Work preparation..... ....Each ESA claimant will fall into one of three conditionality groups that reflect our basic expectations and determine the requirements that may be imposed. The groups are:
*No work-related requirements - this is for claimants who we cannot reasonably expect to work or prepare for work. No labour market requirements will be placed on claimants in this group. [It includes Support Gp.]
*Work-focused interviews only group - [this is only some foster parents and parents of children under 5]
*Work Preparation group - Claimants in this group will be expected to prepare for a move into work, more work, or better paid work but will not be required to take steps to apply for or take up work as a condition of their claim. [this includes WRAG]
A separate DWP chapter entitled "Mandation", updated 16 Jan 2013, deals with the role of sanctions for both ESA and JSA claimants. There are sample forms [seem very similar to me] to send toJSA and ESA claimants, instructing the claimant in the Mandatory Work Activity".
Disability Rights has a factsheet F55 which says "Work preparation requirement" for WRAG includes Attending skills assessment, participating in training, participation in an employment programme, undertaking work experience, undertaking a work placement. Non-participation can be sanctioned.

Mods- please don't post if this is inappropriate!