Grounds for Appeal

Hello, im new to this and could really do with some advice.

Was migrated from IB to ESA December 2011, placed in support group after atos assessment due to 'exceptional circumstances'.

Have recently been reassessed and now placed in WRAG although there has been no change for the better since Dec 11, in fact condition has worsened.

Do you think that firstly this is grounds for appeal and secondly, should I ask for a reconsideration or go straight for an appeal.

Many thanks

Hello Mrs F,

May I point you out to the B&W FAQs?

Welcome to Benefits and Work

Where to get advice?

The FAQs on Appeals: www.benefitsandwork.co.uk/appeals-faq

And (I almost forgot! sorry) the Guides:

ESA Claims and Appeals
www.benefitsandwork.co.uk/help-for-claimants/esa

I hope you find these of help

Mrs Fuse wrote:

Hello, im new to this and could really do with some advice.

Was migrated from IB to ESA December 2011, placed in support group after atos assessment due to 'exceptional circumstances'.

Have recently been reassessed and now placed in WRAG although there has been no change for the better since Dec 11, in fact condition has worsened.

Do you think that firstly this is grounds for appeal and secondly, should I ask for a reconsideration or go straight for an appeal.

Many thanks

Hi MS,

As well as Hardyards good advice, as you were placed into The SG on Exceptional Circumstances rules, the "burden of proof" is on you to prove that you still qualify for SG.

Whereas, is you had been placed into the SG on one or more of The SG Functional Descriptor, as can be seen in :

Qualifying for the Support Group

The "burden of proof" would have been on The DWP ESA DM.

With respect to whether you should appeal in the first instance, our advice would be to appeal, as you will then receive an automatic reconsideration by a different DM, anyway.

If the WRAG decision is not changed at that stage, it will automatically be sent forward to The Appeals Tribunal Service, without any further actions by you.

You must appeal within one month of the date of the WRAG award letter, using GL24 form which can be downloaded from the link on this page :

How to submit an appeal

You may wish to request the Medical Reports and other documents that were used by the DM in coming to a decision, see :

ESA medical – what forms to ask for?

ESA Forms

You should also review our ESA Appeals Guide from here :

ESA Guides

Also have a look at all our : ESA FAQ’s and our: Appeals FAQ’s

bro58