Should I appeal, LCW for 2 yrs but put in WRAG ?

I have Rheumatoid Arthritis., and was on I.B. Filled out ESA50. I did not have a medical. Letter dated 20th Sept stated that I was placed in the WRAG. Telephoned DWP for assessment form, man said if I appealed I could lose my WRAG placement and besides only very seriously physically or mentally ill would be in the support group any way. The local CAB also said I lose it and they could also look at my DLA earlier.

The Medical Form (by a registered nurse) said they had looked at ESA50, Med 3 (whatever that is) and previous advice and said if called to examination would probably score over threshold for mobilising, standing and sitting. No actual score given. It stated that evidence suggested I could raise arms etc and evidence did NOT suggest that I would be UNABLE to mobilise for 50 meters. (despite saying above I had scored points for not mobilising. ) I had pointed out walking 50 meters was painful and tiring due to sore feet, ankles, knees, hips and back, and sometimes impossible.

The Medical Report Form stated that I meet the criteria for having limited capability for work but advised that a return to work is unlikely for at least 2 years.

The Decision form part 3 stated that I will be treated as having limited capability for work.
But on next paragraph says none of the descriptors in Schedule 3 apply so she does NOT having limited capability for work-related activity. And so will be in the WRAG.

So I am confused. How can they say that a return to work is unlikely but then say I have to do work related activity? Isn’t is a waste of money, when they admit I won’t get a job?

Having read how difficult it is to appeal, and the threat they may downgrade me, and even if I do win they may reassess me in a month or two, or it seems they reassess every 6 months anyway, and next April they are going to make it even more difficult and expensive to appeal, I just don’t know what to do.

So, do I gamble one years benefit in the hope of getting into the support group? But will they just reassess me in a few months time and maybe put me in the JSA group?

Time to appeal is running out and I don't know what to do. The GP is not interested, and my Rheumatolgy consultant has retired. I saw a locum and my next appointment is 3 months late already, so I will have no new evidence to submit. And the trouble is that whilst I can do alot of things, I can't do them for long periods and the fatigue is often overwhelming and the severity varies. But it is my word against theirs, as to look at I seem fine.

Question: If I don’t appeal now, and go through with the work activity, if they can’t find me a job or I find a job and cannot cope with it, can I reapply for ESA later on, seeing as they have stated that they do not think I am fit for work for at least 2 years?

The DWP man said just do some interviews, wouldn’t have to get a job. But I will need a job, when they stop my benefits, (though how,I do not know). I know I am lucky to have some savings put aside (for dental treatment, wheel chair or mobility scooter , boiler etc). But it means no benefits until my savings are gone and then as the arthritis gets worse, I have nothing to fall back on despite my careful planning.

So they admit I am too disabled to work but then will stop my benefit because I saved instead of spending it.

Thanks for your prompt reply.

I have read through a lot of the information on this site. I think the descriptor that mostly applies to me is the mobilising one, but they have already said they think I could mobilise 50 metres. Could they call me for a medical now?

My query though is, what do they call significant discomfort or exhaustion. To my mind I do suffer not only discomfort but for long periods ie weeks, months extreme pain. How often does this have to be?

Ie for several months over the summer my feet were severely painful, at the moment they are not so bad, as I haven’t been on my feet much, but my hips are very sore. How do they regard fluctuating conditions like this where the pain moves and varies, according to activity etc.

Most annoyingly they still refuse to consider the effects of fatigue and tiredness from illnesses like RA and MS have the ability to function every day let alone cope with extra demands.

I will have to post it tomorrow if I am going to appeal. I just hope the decision maker does not downgrade me, but if I do go through with it, it will give me time to try to see a consultant and get this years x-rays and see if there is any more damage. But the blood test results could say disease activity is improved which could go against me.

It is tempting to give up now, and hope the system changes in 2015/16. Or my RA symptoms get significantly worse, not a good scenario.

Thanks for reply again.

If you mean mobilising using a manual wheelchair, then it is impossible for me to use one, due to the arthritis in neck, shoulders, elbows,hands etc.

Caracal wrote:

I have Rheumatoid Arthritis., and was on I.B. Filled out ESA50. I did not have a medical. Letter dated 20th Sept stated that I was placed in the WRAG. Telephoned DWP for assessment form, man said if I appealed I could lose my WRAG placement and besides only very seriously physically or mentally ill would be in the support group any way. The local CAB also said I lose it and they could also look at my DLA earlier.

The Medical Form (by a registered nurse) said they had looked at ESA50, Med 3 (whatever that is) and previous advice and said if called to examination would probably score over threshold for mobilising, standing and sitting. No actual score given. It stated that evidence suggested I could raise arms etc and evidence did NOT suggest that I would be UNABLE to mobilise for 50 meters. (despite saying above I had scored points for not mobilising. ) I had pointed out walking 50 meters was painful and tiring due to sore feet, ankles, knees, hips and back, and sometimes impossible.

The Medical Report Form stated that I meet the criteria for having limited capability for work but advised that a return to work is unlikely for at least 2 years.

The Decision form part 3 stated that I will be treated as having limited capability for work.
But on next paragraph says none of the descriptors in Schedule 3 apply so she does NOT having limited capability for work-related activity. And so will be in the WRAG.

So I am confused. How can they say that a return to work is unlikely but then say I have to do work related activity? Isn’t is a waste of money, when they admit I won’t get a job?

Having read how difficult it is to appeal, and the threat they may downgrade me, and even if I do win they may reassess me in a month or two, or it seems they reassess every 6 months anyway, and next April they are going to make it even more difficult and expensive to appeal, I just don’t know what to do.

So, do I gamble one years benefit in the hope of getting into the support group? But will they just reassess me in a few months time and maybe put me in the JSA group?

Time to appeal is running out and I don't know what to do. The GP is not interested, and my Rheumatolgy consultant has retired. I saw a locum and my next appointment is 3 months late already, so I will have no new evidence to submit. And the trouble is that whilst I can do alot of things, I can't do them for long periods and the fatigue is often overwhelming and the severity varies. But it is my word against theirs, as to look at I seem fine.

Question: If I don’t appeal now, and go through with the work activity, if they can’t find me a job or I find a job and cannot cope with it, can I reapply for ESA later on, seeing as they have stated that they do not think I am fit for work for at least 2 years?

The DWP man said just do some interviews, wouldn’t have to get a job. But I will need a job, when they stop my benefits, (though how,I do not know). I know I am lucky to have some savings put aside (for dental treatment, wheel chair or mobility scooter , boiler etc). But it means no benefits until my savings are gone and then as the arthritis gets worse, I have nothing to fall back on despite my careful planning.

So they admit I am too disabled to work but then will stop my benefit because I saved instead of spending it.

Hi C,

Have a look at this thread, where another member was confused regarding "In the longer term" :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=91268#91277

As placing someone in The WRAG of ESA is supposed to prepare them for work at some time in the future, you may wish to query how this sits with the "prognosis" of "In the longer term".

As you will see in the extract from The WCA Handbook, this is the longest "prognosis" that the ATOS HCP can give.

bro58