appeal won in Wrag group

Won appeal is it advisable to ask DM to look at decision again. For possible move to support group.

nobby1 wrote:

Won appeal is it advisable to ask DM to look at decision again. For possible move to support group.

Hi N1,

If you feel that you qualify for the SG, then you could ask for a review.

There is some risk involved here in that your current ESA award of WRAG, will be looked at again, and you could lose this award.

There is a risk, however small, and you may wish to get this risk assessed by a professional advice agency, see :

Where to get advice?

You may also wish to review :

Qualifying for the Support Group

To gain entry to the SG, you must fulfill at least ONE of the SG (LCWRA) Descriptors, as here :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

Or gain entry through the Exceptional Circumstances rules,(Reg 35) see :

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

bro58

As you have stated that you have won an appeal and have been placed in the WRAG, the tribunal should have also considered whether you met any of the support group descriptors, and/or the exceptional circumstances (Reg 35).

If you did not contend that you should have been placed in the SG at the appeal hearing, you cannot seek to have that decision overturned on questions of fact, but only on a point of law before the Upper Tribunal. As an example, if the tribunal failed to take into account relevant material factors which could have had some bearing on inclusion in the SG, this could potentially be an error of law and could be appealed to the UT.

If you now believe that you should have been in the SG, it is very unlikely that the ESA decision maker would be able to interfere with the tribunal's decision, unless you are dissatisfied with the decision on the question of a point of law, in which case it would entail an appeal to the UT.

If you do not intend to lodge an appeal to the UT your only option would be to ask the for a supersession of the tribunal's decision, if your medical condition has deteriorated to such an extent that you believe that you should now qualify for the SG? If you were successful with the supersession you would be entitled only from the date of the request, in which case your backdated payments would be limited to that point in time.

Hi N1,

Sorry, I rightly or wrongly assumed that even though you had appealled, the decision was changed at reconsideration by the DWP DM.

Gordon, and CD's comments also stand in the scenario's mentioned in their responses.

bro58

thsnk you sll for your input, Sorry I have caused such confusion I am pretty confused with all this at the moment.Try and make it clearer. june 11 medical atos scored 0 points,March 2012 appeal in my favour under secton 29b.DWP letter 16.3.12. placed in Wrag group.