ESA WRAG on review without ESA50??

First of all I’d like to say thanks for this fantastic site. A few months back I was awarded DLA HRM and MRC without a medical, and I also qualified for ESA WRAG last year following my medical.

However, I now seem to have hit a problem. I have googled and searched the site and can find no one else in my situation!

At the end of March last year I was placed in WRAG (CB) for one year. I have remained in CB as my husband works full time.

When I went for my last WFI I was told by my advisor that I was overdue being sent my ESA50 for the review.

I know they are sometimes behind so I waited a little, then I rang up today to ask what happened to my ESA50. There was a lot of trying to get them to understand what I was asking, and being passed from pillar to post, but the upshot of it all was, I found out that I have been placed in WRAG again for one year.

I have been told that the decision was made on the basis of an ESA55, which I have been told is supposed to be used in the case of someone transferring from IB to ESA. I have never claimed IB, and in any case have been in the ESA system continuously since October 2011. The phone advisor could not tell me anything further as the information simply wasn’t there. He has arranged for me to have a call-back from the ‘benefits centre’ to see if they can provide any further information. I am expecting a call tomorrow.

I am furious as I have not been given the opportunity to provide any information about how my condition is currently- no ESA50, no medical, nothing. I ended up having to speak to ATOS at one point who said they had had no contact about me since they sent my file back to DWP after my medical last year. I have also had no letter informing me of the decision, despite it being made nearly a month ago.

My question is this (in the event that this isn’t just a mistake): is it legal for DWP to make a decision without sending out an ESA50?

Will I have to appeal the decision or can I challenge the fact that they made it without consulting me?

Can you expand a bit on the Exemption Conditions?

As far as I can see from the info you and DWP have given me, I can only conclude that the decision has been made based on last year's information, which I feel is wrong, since I have a fluctuating condition. It would appear that they have simply assumed that there has been no change in my condition.

The main reason I did not appeal WRAG last year is that the medical evidence I sent to prove I was not fit for work, also said that there was a chance of recovery within 6 months, and at the time the decision was made I had a small improvement in my condition which made me hopeful of recovery, at least to the point of being able to do some work. I feel that the decision to place me in WRAG was probably made on the basis that I would recover, and also that the ATOS assessor felt that there was no risk with me doing work-related activity.

However, my condition has not improved, as I got worse again, and I can see a pattern now from the last 2 years of being better and worse at roughly the same times each year. I believe that unless this cycle can be broken I will not get a net improvement.

I will have a look at the info you have suggested as it would seem an appeal is the way forward.

Thanks again,

BF

I had my callback today and it turns out that no decision has been made at all.

The people in the call centre both told me that a decision had definately been made...so all the stress and worrying yesterday over nothing

Anyway, basically they had forgotten me and thanked me for ringing up and reminding them that they needed to send out an ESA50!

This is what I had suspected was the problem, and why I contacted them in the first place. They have put an ESA50 in the post to me today.

But thankyou for the appeals advice anyway, I may need it depending on what the decision is!