WRAG to Support group appeal?

I have recently undergone the IB to ESA transfer. Following submitting the Limited capacity for work questionnaire and a medical report, I had a telephone call to inform me I am entitled to ESA and I have been placed in work related activity group. This decision was made without me attending a 'face-to-face assessment'/medical (I have attended these in the past).

I am deciding whether to appeal that I should be in the support group - I've been looking at the criteria for the support group. I have read the caution on this site that by asking for the decision to be looked at again I risk the decision maker, or tribunal, overturning the decision I'm entitled to ESA.

I am also aware that prior to ESA decision, you cannot be turned down for ESA without having a medical. As I did not have a medical this time, could a decision maker or tribunal, be unable to decide I am not entitled to ESA - is the risk removed? ie In theory could you loose ESA without medical under the circumstances of an appeal?

Also, am I right to assume that I would not be asked to attend a medical prior to a tribunal?

Regards

As you have said, because of the rules of procedure whereby you cannot be turned down for ESA without having a medical, it is extremely unlikely that a decision maker or a tribunal could supersede and therefore revoke your subsisting ESA entitlement, in the first instance.

If you appealed the ESA decision however, the tribunal has the power to request that you submit to a medical assessment/examination in order to reach a decision on your appeal. This will remedy the fact that you were not required to submit for a medical assessment prior to inclusion in the WRAG, but it may be a requirement of the tribunal for inclusion in the support group?

I wouldn't be surprised if a lot of "contribution based" IB claimants are migrated straight into the WRAG without a medical.

Thanks, crazydiamond for your response. Just to clarify... am I right thinking that if I asked for a revision, it would be very unlikely my ESA entitlement would be overturned.

If I appealed, at what stage would the tribunal potentially request I submitted to a medical assessment - would it be before the tribunal hearing, or a decision made at the hearing with a final outcome at a later date?

Is you asked for a reconsideration, the DWP would be unable to change their decision without a medical assessment, as your eligibility for the WRAG would have been determined by a process known as medical scrutiny, where an Atos approved disability analyst would have advised the DWP that you would have met the WRAG conditions, on the basis of the paper evidence alone.

If you appeal the ESA decision, it is likely that the tribunal would adjourn the hearing after it had commenced to request a medical assessment, but in all probabilities as the tribunal consists of a medical member, the need for a medical assessment report would only be required in exceptional circumstances, as the medical member would question you directly about your eligibility for the support group which would be the subject of your appeal.

A process called ' scrutiny' applies to IB and ESA. A doctor or nurse at a Regional Centre looks at your medical questionnaire , any history, and may or not call for further evidence. They can and frequently do decide to allow claims without an examination.

However, migration to a new benefit, with a new set of tested descriptors, means it is quite likely a migrated person will be called for a medical. Two reasons (a) There is a drive to reduce the numbers on benefit, too many allowed without being subjected to assessment won't achieve that. (b) It is a new criteria and an IB recipient wont have been through an ESA medical.

They will see as many people as the examination centres can manage, and they did have (and still do) a recruitment drive to recruit doctors nurses and physiotherapists because they know ESA migration WILL require extra staff, this implies more medicals will take place