won tribunal appeal but help needed confussed!!!!

Hi there, please someone help me with a bit of advice, I won my appeal at the tribunal for ESA which I thought great after a year of stress and worry!! but now I've just found out I've been put into the WRAG and not a support group????? I've been told by the dwp that I need to appeal to go into the support group now!!!! to be honest I really don't feel I could go through all that again!!!! . If I do appeal and the decision maker decides I have not got a case for the support group can I then drop the appeal and just carry on in the wrag ????? any advice would be grateful obviously my condition has worsened since my medical so please any help,I thought that this was all sorted !! I really do not know what way to turn now H E L P !!!
thank you
Lisa

lisalisa wrote:

Hi there, please someone help me with a bit of advice, I won my appeal at the tribunal for ESA which I thought great after a year of stress and worry!! but now I've just found out I've been put into the WRAG and not a support group????? I've been told by the dwp that I need to appeal to go into the support group now!!!! to be honest I really don't feel I could go through all that again!!!! . If I do appeal and the decision maker decides I have not got a case for the support group can I then drop the appeal and just carry on in the wrag ????? any advice would be grateful obviously my condition has worsened since my medical so please any help,I thought that this was all sorted !! I really do not know what way to turn now H E L P !!!
thank you
Lisa

Hi LL,

There seems to be some confusion here, the first thing that you need to do, is make a request to the Tribunal for a "written statement of reasons" of their decision.

This should clairify which group of ESA that you have been awarded, WRAG or SG.

As for the "appeal to go into the support group" that you speak of, the only options that you have in trying to get a Tribunals decision changed, is to appeal to The Upper Tier, but this can only be done if an error in law has taken place, see here :

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=18#72205

Or, to request for the decision to be set aside, where there may have been some error in procedures.

Neither of these two options are straightforward, and you would need face to face advice from the CAB or other advice agency.

Your first action should be the written statement of reasons request.

cheers

bro58

Hi Lisa

If your appeal was allowed at the tribunal stage, you should have received a decision notice signed by the tribunal judge that states what group you were placed in.

It's worth checking this document because the DWP have been known to misinterpret it and place claimants in the wrong group.

Regards

Derek

Hi Derek , my tribunal letter states
(I have limited capacity for work the descriptors satisfied in schedule 2 of the ESA regulations are 1(e),6 points,2(f), 6 points and 3 (c),6 points giving a total of 18 points. The appellant does not have limited capability for work-related activity. This is because none of the descriptors in schedule 3 applies and nor does Regulation 35.)So I understand where the 18 points are from but as for the schedule 3 and reg 35 I do not have a clue?????

What that means is that you have been placed in the WRAG and that the tribunal has considered whether to put you in the support group and decided not to.

Thank you,Oh ok, so there is nothing I can do then ?????