IBS to WRAG no medical for support group

Hi
I have secondary progressive Multiple sclerosis which will not improve I take various medications.
I was transferred from IB to ESA after completing form in April 13. I received a letter this week stating I had qualified for ESA and WRAG. I obviously failed the limited capability for work related activity assessment so did not get on the support group, I was never invited to a medical.
I am looking to appeal as from the information I have read from your links it think that I meet the descriptors for questions 1 and 8. I have checked back on my initial submission on ESA50 01/13 and I answered Q1 and Q9 which it looks like they scored the main points.
I am unclear how they assess you for WRAG and not the support group without a medical if I am correct about the descriptors being met. Can you guide me as to if I have interpreted the information properly. Also if I do stay on WRAG, (contribution based) after the 365 days what happens after that I cannot find anything about this
many thanks

Ray wrote: Hi
I have secondary progressive Multiple sclerosis which will not improve I take various medications.
I was transferred from IB to ESA after completing form in April 13. I received a letter this week stating I had qualified for ESA and WRAG. I obviously failed the limited capability for work related activity assessment so did not get on the support group, I was never invited to a medical.
I am looking to appeal as from the information I have read from your links it think that I meet the descriptors for questions 1 and 8. I have checked back on my initial submission on ESA50 01/13 and I answered Q1 and Q9 which it looks like they scored the main points.
I am unclear how they assess you for WRAG and not the support group without a medical if I am correct about the descriptors being met. Can you guide me as to if I have interpreted the information properly. Also if I do stay on WRAG, (contribution based) after the 365 days what happens after that I cannot find anything about this
many thanks

Hi R,

Welcome to Benefits and Work

It is quite common to be placed into The WRAG without a face to face assessment.

As it would seem that you are in receipt of CB ESA (only) in The WRAG, the following will apply :

12 Month Limit for ESA(CB)

See also :

Work Focussed Interviews

Work Programme

&

Changes to ESA Sanctions

If you feel that you do qualify for The SG, you have one month to appeal using GL24 Form, which can be downloaded and printed off (you only need to print off the actual form and not all the preceding advisory notes) from the link on this page :

How to submit an appeal

See also :

Is there any risk to challenging a decision?

Do I have to attend WFIs while I appeal?

&

What will I be paid while I appeal?

Also from our : Appeals FAQ’s

See also : Disability Rights UK Factsheet - Appeals and reconsiderations

You will also find an ESA Appeals Guide on this page : ESA Claims Guides

Whilst on the above page, you may also wish to review our "New" ESA50 Claims guides, pertinent to The ESA50 01/2013.

See : Qualifying for the Support Group , from our : ESA FAQ’s

You may wish to seek professional advice, potential sources can be seen here :

Where to get advice?

See also : Sending Documents to the DWP or ATOS

You could also request the ESA85A Medical Report, which should tell you how long your WRAG award should last before reassessment, and may give you some idea why you did not gain entry to The SG.

This can be done by ringing The Benefits Office on your WRAG award letter, but can be backed up with a written request.

You can make this written request formal by using a SAR, which can be dowloaded, filled in and printed off from this link :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Here is a list of potentially available : ESA Forms

ESA medical – what forms to ask for?

There may also be an : ESA72 Form , there will definately be an ESA85A and an LT54.

Do not miss your one month deadline to appeal, (If that is what you are to do) if the above documents have not arrived, you can always provide extra evidence as soon as you receive them.

Once you appeal you will receive an automatic reconsideration by a different DWP DM, you should provide any fresh evidence that you may have ASAP, if you wish it to be considered at this stage.

Many members have been successfully placed into The SG at reconsideration, simply by reiterating evidence that they have already provide.

You may wish to Favourite/Bookmark this page for future ease of access.

Please repost here, if you have any further queries.

bro58

Hi R,

Just to answer your final query.

If you are not successfully placed into The SG at the automatic reconsideration stage, and your appeal is not heard within the 365 days entitlement to payment of CB ESA in The WRAG, or you are kept in The WRAG after an unsuccessful appeal hearing.

Once your 365 days have been exhausted, you should be assessed financially by filling in an ESA3 Form to see whether you can pass the means test for IR ESA with respect to your household income, capital, assets and savings.

Sample ESA 3 Form

See also :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you are not entitled to IR ESA, payment of CB ESA will cease, and you will receive NI Credits only which will go towards your State Pension.

bro58

Hi R,

I don't want to overload you with information, but here are the current ESA WRAG and SG Descriptors :

You must score at least 15 points across the WRAG Descriptors to be found LCW and placed in The WRAG.

To be placed into The SG, you must fulfill at least one of The Schedule 3 SG Descriptors. (Any one of them). :

WRAG (LCW)Schedule 2 Descriptors

&

SG (LCWRA)Schedule 3 Descriptors

Exceptional Circumstances Rules for entry to WRAG and SG :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

Here is a link to The DM guide :

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

As the forum is now closed to new posts, you have some informative reading to wade through over the weekend.

bro58

Hi
can I first thank you for the quick reply and all the information you provided. It really gave my wife and I a fantastic boost to fighting this unfair system, by us knowing there are caring people out there willing to help.

Just a quick update I have requested the additional information and I have also sent a confirmation letter, including the form as suggested requesting personally information. just as aside when I was speaking to the department I mentioned about a verbal appeal and was told I could not have one, I didn't challenge but just noted the comment. I have also started to be bounced around offices from Gateshead to Preston. It was after my telephone conversation that I also received a letter from the new department, it was from a reassessment team, in it was stated various information was enclosed however nothing actually was.
Anyway I have now started to complete the appeal GL24 and I have appointments with my MS nurse , GP and Consultant and hopefully will get some written evidence to put with the appeal. I have also clearly stated on the form that I am waiting for the information on which the decision was originally made, so hopefully they will know I am not going to shaken off easily.
Is there any advise you can give when I see the medics , I have got the descriptor for the SG and done the on-line test to look at how my answers stack up. I have also found sample letters on line which may be of use.
Sorry tried to be brief, but thought me experience so far would be helpful info.

many thanks

PS I last thing I read on a web site that for certain conditions the DWP have agreed with the DM that professional healthcare advisors need to be involved, MS was on the list. I will try and find the link