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

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12 years 3 months ago - 12 years 3 months ago #95546 by Caracal
Thanks for prompt reply.
I am assuming that the point of the Tribunal appeal, in my case, is that I will have to prove that I fit the descriptor for mobility for the Support Group. (That is the only one I think relevant to me), rather than just pointing out that the RA in general makes it impossible to get a job and even Atos don’t think I stand a chance of getting a job.

I cannot tell them any more than I have already put in the GL24 appeal. To someone who does not know about RA I would look Ok. The trouble is I can do some things but not for long periods. And the condition fluctuates. A good day is followed by a bad day or two. A few relatively good weeks, is followed by several weeks of severe pain in various joints.

Without further medical evidence I don’t know how I can prove to unwilling listeners the pain and problems I face or even if my mobility pain meets their over stringent criteria. It is my word against their bias.

I have heard that it is more likely to win a tribunal if you have a representative. Who are the representatives? Are they lawyers? CAB says they don’t provide reps.
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #95554 by Gordon
Caracal

The Tribunal will not make a Decision based on whether you can work or not, but only whether you meet one or more the Support Group descriptors.

If you believe the only descriptor you would qualify under is the mobilising one, then you need to show that can neither walk nor propel a manual wheelchair for more than 50m.

the full qualifier is

Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

Representatives generally improve the claimants liklihood of winning their appeal. Your local CAB or Welfare Rights office may be willing to provide assistance. Some solicitors provide this service, but you should ensure that they actually have a relevant understanding of benefit law, obviously they will likely charge.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
12 years 1 month ago - 12 years 1 month ago #97334 by bro58

Caracal wrote: Good News

I received a brief letter from the DWP saying that they won’t be sending my appeal to the Tribunal, because the Decision Maker had reversed the decision and put me into the Support Group.”

Many thanks to the Decision Maker, but I think whoever wrote the letter could have phrased it better.

Trouble is they didn’t say how long for. The original prognosis was unlikely to return to work for at least 2 years but I can’t find statement of when they would actually reassess.

I had eventually got a short general letter from Doctor saying that RA still active and stronger medication needed and takes time. And I used this to describe in detail how I thought I fitted the descriptor. I also used a second descriptor, and gave fuller intimate details of how problem affects me, than I did on the ESA50. I didn’t have a doctors letter for this.

They of course, didn’t say which descriptor they used to reverse their decision.

So I wonder if reassessment period will be shorter i.e. until my next hospital appointment and results.

Many thanks for the help that you have given me. I don’t know if I would have appealed without your help.

And without the information on this site i.e. about how they base their decisions on descriptors rather than on the overall symptoms of serious degenerative diseases, as was the case on Incapacity Benefit, then I certainly would not have won my appeal.

Like many I didn’t know about WRAG and Support Group until after I had filled in the ESA50 and nothing about descriptors until I found this site.

By the way, I went to the Work related interview. Saw a nice woman, who told me not to worry as I had been put in the WRAG as I had been found unfit for work. She said I would not have to look for work and could carry on claiming as usual.

Very nice, except that it is means tested and I meant that I could not claim ESA after 365 days. We discussed what work I used to do, what I would like to do, and then left it until result of appeal or a telephone interview in 3 months. The interview was fine, no hassle.

I just re-read the original letter and noted that it said the adviser will help you to take steps to return to work, despite the Atos assessment saying I was unfit for work for at least 2 years. And now they are bringing in Mandatory work programmes for WRAG, so people may be forced to work voluntarily, even if not forced to look for work. There seems to be opposing views on why people are in the WRAG.

:) Question: Should I wait for another letter or write and ask them how long before next assessment? It is stressful not knowing when another brown letter might arrive and it will start all over again!!


Hi C,

Well done on gaining SG status at the reconsideration stage. :woohoo:

Thanks for letting us all know. Thank you also for your positive comments about B&W, they are much appreciated. :)

You could phone up and request the length of the prognosis, as this may well have been altered at reconsideration by the DM, it could be "On Screen" however I think, as you are well aware, it would always be advisable to back this up in writing, you would also be perfectly be within your rights to request information as to how and why the reviewing DM placed you into The SG.

bro58
Last edit: 12 years 1 month ago by bro58.

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