ESA decision and appeal

I sent off my ESA50 for migrating from IB to ESA 9 weeks ago and have received a letter this week saying I will receive ESA and I have been put in the WRAG.

This is the first correspondence I have received since submitting the ESA50, so no medical assessment, I filled in the form comprehensively, attached a 5 page statement about how my problems affect me and two letters from practitioners. The letter says I may be required to attend a work-focused health-related assessment, and I am confused, has the decision been made about my case already or is it an interim decision?

The letter also says I have to attend work focused interviews.
Amongst other health problems I have agoraphobia and an anxiety disorder, and could not attend interviews, I can only go out with my partner and he works full time. I put this in my ESA50 and my GP put in his letter how severe my agoraphobia is.

I am going to appeal, to be put in the support group. I am feeling unsure of the wording I should use on the GLA24 form, I guess I just send copies of the practitioners letters again with this form, or do I need new ones?

What do I do when I get notification of a work-focused interview? Do I need a new letter from my GP for this or will they accept a copy of the one I sent with my ESA50?

I am finding this all incredibly overwhelming.

kat100 wrote:

I sent off my ESA50 for migrating from IB to ESA 9 weeks ago and have received a letter this week saying I will receive ESA and I have been put in the WRAG.

This is the first correspondence I have received since submitting the ESA50, so no medical assessment, I filled in the form comprehensively, attached a 5 page statement about how my problems affect me and two letters from practitioners. The letter says I may be required to attend a work-focused health-related assessment, and I am confused, has the decision been made about my case already or is it an interim decision?

The letter also says I have to attend work focused interviews.
Amongst other health problems I have agoraphobia and an anxiety disorder, and could not attend interviews, I can only go out with my partner and he works full time. I put this in my ESA50 and my GP put in his letter how severe my agoraphobia is.

I am going to appeal, to be put in the support group. I am feeling unsure of the wording I should use on the GLA24 form, I guess I just send copies of the practitioners letters again with this form, or do I need new ones?

What do I do when I get notification of a work-focused interview? Do I need a new letter from my GP for this or will they accept a copy of the one I sent with my ESA50?

I am finding this all incredibly overwhelming.

Hi k100,

As it appears that you are new to the forum, and just in case that you haven’t already done so, it may help if you read :

Welcome to Benefits and Work

Firstly, WFHRA's were suspended for 2 years from Summer 2010, they have not yet been reinstated.

With regards to WFI's, you will have to comply with these requests, or face the possibility of a sanction to the WRA Component of your ESA WRAG, if you cannot show good cause. The decision to sanction can only be made by a DWP DM.

However it is possible to have the WFI's deferred, carried out over the phone, or even in your home. These options are purely at the discretion of the JCP adviser though. A letter of support from your G.P. should help here. If you feel that you cannot attend WFI's you should contact the relevant JCP adviser ASAP and discuss this with them.

See :

Work Focussed Interviews

Work Programme

Obviously if you feel that your limitations as a result of your medical conditions should give you entry to the Support Group, you can appeal within one month of receiving the WRAG award letter, using form GL24, which can be downloaded from the link on this page :

How to submit an appeal

See also :

Do I have to attend WFI’s whilst I appeal?

&

What will I be paid while I appeal?


See also :

Qualifying for the Support Group

It may also help, if you review :

The ESA Claims and Appeals Guides accessible here :

ESA Guides

Also review :

ESA FAQ’s

&

Appeals FAQ’s

As you have been placed in The WRAG of ESA this may be of interest also :

12 Month Limit for ESA(CB) Updated 10/03/12


You can access our FAQ’s in the yellow Spotlight Area, at the top above the forum, from here :

FAQ’s

You can search the forums for previously posted topics from here :

Searching The Forum

To see potential sources of advice, and representation, see :

Where to get advice?

You can access our ESA Guides from here :

ESA Guides

You can access our DLA Guides from here :

DLA Guides

You can access all our B&W Guides from here :

All B&W Guides

Information on Personal Independence Payment, (PIP) can be found here :

Personal Independence Payment (PIP)

You can access The Benefits News Section from here :

Benefits News

Please return to this thread if you have any further queries.

bro58

Yes I am new to this, is it that obvious!?

Sorry for my ignorance, but what is a WHFRA?

Thank you for all the information, I didn't know the WFI can be done on the phone or at home, I will speak to them about it.

kat100 wrote:

Yes I am new to this, is it that obvious!?

Sorry for my ignorance, but what is a WHFRA?

Thank you for all the information, I didn't know the WFI can be done on the phone or at home, I will speak to them about it.

Hi k100,

Don't worry, we understand how confusing this whole process can seem, so you are not alone there.

WFHRA = Work Focussed Health Related Assessment, as you mentioned early on in your original post.

Although there is no legislation that exempts WRAG members from having to attend WFI's whilst they appeal, we have noted that on occassion they have been deferred when members have appealed to go into the Support Group, this seems to vary geographically, so there is no guarantee of this, in your own case.

bro58

Oh yes I see, I have read and re read the letter, all 5 pages of it, just an't take it all in!

I have just been reading other posts on here about appealing and it is very scary, but I don't know what else I can do. I am in the position that even if they stop my ESA completely, because of my mental and physical health problems I still won't be able to work. I have had these problems for 30 years, with a reasonable period of 12 years where I could work, and then 10 years ago had to give up my job because my health deteriorated so much. My common sense says that I should be in their support group, but from all I have read common sense doesn't come in to it.

Can you tell me should I be asking them for some
thing that says how they assessed me to reach the decision to put me in the WRAG or do you do that after you have sent in the appeal form....or is it not necessary?

kat100 wrote:

Oh yes I see, I have read and re read the letter, all 5 pages of it, just an't take it all in!

I have just been reading other posts on here about appealing and it is very scary, but I don't know what else I can do. I am in the position that even if they stop my ESA completely, because of my mental and physical health problems I still won't be able to work. I have had these problems for 30 years, with a reasonable period of 12 years where I could work, and then 10 years ago had to give up my job because my health deteriorated so much. My common sense says that I should be in their support group, but from all I have read common sense doesn't come in to it.

Can you tell me should I be asking them for some
thing that says how they assessed me to reach the decision to put me in the WRAG or do you do that after you have sent in the appeal form....or is it not necessary?

Hi k100,

You can request the ESA85A medical report, which should contain the reasons why you were placed into the WRAG, it should also include the "prognosis" which is the recommended length of the award before re-assessment.

This can be done over the phone by ringing the DWP at the address of the Benefits Office on the WRAG award letter. It is always advisable to back up any oral request in writing.

Do not let your appeal submission (GL24) go over the one month deadline though, if this has not arrived.

Concentrate initially on reiterating how and why you should be placed into the SG.

You can always revert back to the ESA85A etc, when you receive it.

See :

ESA Forms

ESA medical – what forms to ask for?

From the : ESA FAQ’s previously provided

&

Sending Documents to the DWP or ATOS

It really would help you to systematically go through the info on the links that I have provided, you will find that many of your questions will be answered.

bro58