APPEALS PROCESS FIRST STEPS.

TCP wrote:

It goes to show how complicated this whole process is and made worse by the fact that we are unwell.

I don't think my GL24 and letter were very impressive and with no accompanying info from my doc (practice policy), it maybe didn't back up my appeal request. I am going to have to rely on the descriptors, I believe approx 4 were definite 'no's' on the ESA50 and the exceptional circumstances rule and any support from CAB.

I am still trying to find on this site, which I just can't track down, but read them a couple of weeks ago:

a) The break-down list of disabilities/conditions and the stats breakdown of those in SG, WRAG and JSA and

b) The detailed piece describing going to work '9-5, five days per week' and if this was to have a detrimental affect on physical/mental health.

Good luck everyone.

TCP

Hi TCP,

With regards to your first query is it these statistics, on page 4 of the "Benefits News" section :

www.benefitsandwork.co.uk/benefits-news/story/195

At the bottom of the article you will see this link :

research.dwp.gov.uk/asd/workingage/esa_wca/esa_wca_25102011.pdf

With respect to your other query, as you are in WRAG, you have already been found "Unfit for work", in that you only have "Limited Capability for Work" (LCW)

Therefore the detremental affect of work on your medical conditions is not really relevant.

To gain entry to the support group, you would need to be found as having "Limited Capability for Work Related Activity" (LCWRA).

So you would have to show that being compelled to attend WFI's, WRA, or The Work Programme, (as in WRAG) would have a detremental affect on your health, (in the context that you speak of) or that you qualify under the SG descriptors, SEE HERE :

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=12#71528

Hope this clarifies.

bro58

I see, thank you...but at the end of the day, when placed in WRAG you are expected to attend and take part in WFI and some form of WRA, which will lead you to coming off benefits and going to work. Is this the case? Isn't this all about just that; if you are placed in WRAG they will ultimately expect you to work. That the govt have simply over estimated the number of people who are genuinely needing to be in the SG?

Cheers

TCP

PS. The links that you provided sadly didn't take me to the items I was looking for. Never mind. The first one was a detailed breakdown of such things as conditions listed in neurological disorders and muscular disorders etc...each group had stats underneath listing who was placed in SG, WRAG and JSA etc. The second item was a govt publication stating about the ability for a person to work 9-5/5 days per week etc...I loved the quote:

'For example, might the exertion involved in travelling to interviews or going to work five days
a week lead to a serious deterioration in your health condition? Might the exertion even be
fatal?
If you believe that this exceptional circumstance applies to you, include information with your
questionnaire and try to obtain supporting medical evidence.
It is likely that if this exceptional circumstance applies to you that you will also be covered by
a similar regulation which will allow you to be placed in the support group'

Where did I get this from?

Best wishes

Trish

Hi all,

Especially to those members who are worried about appealing WRAG to SP. From personal experience I would suggest you go ahead with your appeal if you want to and not fret too much about gloomy predictions of failure.

My experience with volunteer welfare advisers (that is, those outside of this site/forum), is that it's a lottery as to whether you see one who knows more than we do now about this new system. Don't be put off by talk of poor success rates. Each case should be looked at on its own merits, so you (or I) have at least as good a chance as the last person to try. And don't forget, even if your appeal is unsuccessful, there's a higher tribunal you can appeal to after that.

"Nil carborundum ...", folks!

Biffer

article wrote:

My representative did warn that they have found it exceptionally difficult to overturn wrag to support appeals and in fact have found that sometimes you can have your money down graded or taken away!!.

The CAB representative should be aware of the fact that if a tribunal is considering reducing an existing ESA award or removing it altogether, a warning must be issued thus:-

"It is important that you realise that we have the power to increase an award, to leave the award as it is, or to reduce or remove it altogether. We have not yet made a decision on your appeal and will not do so until we have heard all the evidence but from the evidence in the papers/given by you today it seems to us that your existing award may be at risk if you go ahead with the appeal. We are therefore going to give you some time to consider what you want to do."

The three options are - adjourning to another day to seek advice, withdrawing the appeal or proceeding with the hearing – and should be explained clearly to the appellant. If asked, there is no harm in pointing out which evidence has given rise to the doubt.

If the tribunal fail to issue the warning it would be a breach of the rules of natural justice, and therefore it could be appealed to the Upper Tribunal on a point of law.

TCP wrote:

PS. The links that you provided sadly didn't take me to the items I was looking for. Never mind. The first one was a detailed breakdown of such things as conditions listed in neurological disorders and muscular disorders etc...each group had stats underneath listing who was placed in SG, WRAG and JSA etc. The second item was a govt publication stating about the ability for a person to work 9-5/5 days per week etc...I loved the quote:

'For example, might the exertion involved in travelling to interviews or going to work five days
a week lead to a serious deterioration in your health condition? Might the exertion even be
fatal?
If you believe that this exceptional circumstance applies to you, include information with your
questionnaire and try to obtain supporting medical evidence.
It is likely that if this exceptional circumstance applies to you that you will also be covered by
a similar regulation which will allow you to be placed in the support group'

Where did I get this from?

Best wishes

Trish

Hi TCP,

With respect to your last paragraph, the quote maybe found by reading pages 13 to 20 of :

Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment.

Or pages 12 to 18 of :

Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment.

Both accessible from this link : (2nd and 3rd links down)

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

bro58