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Appeal Submission - WRAG to SG

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12 years 2 weeks ago - 12 years 2 weeks ago #99840 by Ortho Tortoise
Replied by Ortho Tortoise on topic Appeal Submission - WRAG to SG
As promised returning to the forum, many thanks for the invaluable advice on this site and for the moderators answering my numerous queries.

Yes you have guessed, I won my appeal to go from WRAG to SG. :)

As you rightly predicted Bro58, once they had established I met one of the SG descriptors that was it. They simply looked at my mobility issues and did not address the other areas which I felt were not handled correctly by the ATOS HCP, still a bit uneasy that an incomplete and inaccurate ATOS report is on file, but nothing I can do about it. The tribunal recommendation is that I should not be reassessed for at least 24 months, I was told that this was the maximum they could advice with the proviso that the DWP do not have to follow it. I queried whether the period was from the original decision, June 2012, or the tribunal date, they said the later. They also commented that hopefully I should not need to attend an appeal again.

To provide information to other people going through this process. I sent a written statement to the tribunal approx 2 weeks before the hearing. They actually thanked me for the clear and concise way I had presented my case, only possible with the help and info on this site.

The panel themselves could not have been nicer, they were very professional but put me at my ease, it was obvious that they had read the documents and discussed things beforehand and all the questions I was asked were very pertinent. Including introductions, explaining the process, and questions I was only in there for 10 minutes at the most. Then the nervous wait for the result, they were a little surprised that I hadn’t realised that I had won the appeal, maybe the short amount of time I was in should have been a clue. Interesting fact, the other 2 people having their appeals also won, so it was Appellants 3 – DWP 0.

I know that I should be elated about winning but it is a more of a relief, at least now I can concentrate on my health and not filling DWP forms in which make me worse. I will be 60 in the summer; I now do not retire until Nov 2017 so I am likely to have to undergo one reassessment. There is also the DLA to PIP to look forward to!!!!

Many thanks once again.
Last edit: 12 years 2 weeks ago by bro58.
The following user(s) said Thank You: Bearer

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12 years 2 weeks ago #99851 by slugsta
Replied by slugsta on topic Appeal Submission - WRAG to SG
Hi OT,

That is great news, thank you for letting us know - and for your kind words about this site :)

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

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  • bro58
12 years 2 weeks ago - 12 years 2 weeks ago #99852 by bro58
Replied by bro58 on topic Appeal Submission - WRAG to SG

Ortho Tortoise wrote: As promised returning to the forum, many thanks for the invaluable advice on this site and for the moderators answering my numerous queries.

Yes you have guessed, I won my appeal to go from WRAG to SG. :)

As you rightly predicted Bro58, once they had established I met one of the SG descriptors that was it. They simply looked at my mobility issues and did not address the other areas which I felt were not handled correctly by the ATOS HCP, still a bit uneasy that an incomplete and inaccurate ATOS report is on file, but nothing I can do about it. The tribunal recommendation is that I should not be reassessed for at least 24 months, I was told that this was the maximum they could advice with the proviso that the DWP do not have to follow it. I queried whether the period was from the original decision, June 2012, or the tribunal date, they said the later. They also commented that hopefully I should not need to attend an appeal again.

To provide information to other people going through this process. I sent a written statement to the tribunal approx 2 weeks before the hearing. They actually thanked me for the clear and concise way I had presented my case, only possible with the help and info on this site.

The panel themselves could not have been nicer, they were very professional but put me at my ease, it was obvious that they had read the documents and discussed things beforehand and all the questions I was asked were very pertinent. Including introductions, explaining the process, and questions I was only in there for 10 minutes at the most. Then the nervous wait for the result, they were a little surprised that I hadn’t realised that I had won the appeal, maybe the short amount of time I was in should have been a clue. Interesting fact, the other 2 people having their appeals also won, so it was Appellants 3 – DWP 0.

I know that I should be elated about winning but it is a more of a relief, at least now I can concentrate on my health and not filling DWP forms in which make me worse. I will be 60 in the summer; I now do not retire until Nov 2017 so I am likely to have to undergo one reassessment. There is also the DLA to PIP to look forward to!!!!

Many thanks once again.


Hi OT,

That is really good news !!!!!! :woohoo:

Thanks for letting us all know.

Thank you also for your positive comments regarding all at B&W. :)

Your post can only help to encourage other members to fight for what they are entitled to.

You may wish to send a copy of The Tribunal Decision Notice to The DWP office that is dealing with your ESA.

This may help to speed things up.

Sending Documents to the DWP or ATOS

As the Tribunal have remade the WRAG decision appealed, you will now be classed as if you have been in The SG, since the time of the adverse WRAG award.

bro58
Last edit: 12 years 2 weeks ago by bro58.

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