WRAG

butterlyfudgie wrote:

I have been exempt on IB for several years, and am being transferred to ESA. I got a letter from Atos saying I would not need to go for a medical this time, which I took to mean that I would be in the Support Group, but I have had the dreaded letter which states I'm in the WRAG group, and must prepare for work.

Now, how can I be exempt on IB, don't need a medical for ESA(I've got Fibro and MH stuff, agrophobia being one)and yet be well enough to prepare for work?

I'm 56, who would employ me anyway? The annoying thing is if they hadn't changed the age of retirement I would only be 3 years away from retirement bah humbug

Anyway, the question being, should I appeal? Or just be grateful to not be put on JSA. Truth to tell, I'm gutted, the thought of going to the Job Centre makes me feel ill!

Ask your local JCP office for a copy of forms ESA65 and ESA85A, to ascertain how many points were scored for the WCA. The ESA85A will also give you an indication as to why you were placed in the WRAG?

It is important to lodge an appeal as soon as possible, and certainly within one month of the date on the decision letter. You can do this by completing form GL24. You can withdraw an appeal at any time up to the date of the hearing, so having received the relevant forms from the DWP, if you think that the chances of a successful appeal for allocation to the support group would be limited and put your existing award of ESA at risk, you are entitled at this juncture to withdraw the appeal.

On this issue I think we've established it's the responsibility of the DWP to prove that you're now well enough to be fit for work as you were previously judged to be too ill, hence your IB. I don't think there's any reason to believe appealing might mean you (or anyone in your position) might lose ESA entitlement altogether if your case is reassessed. The DWP would still have to prove you were 'fit to work' and how could they do that if you haven't even had a functional assessment, as they call them?

What do the mods think?

BB

yet another into wrag without a medical. Have you checked the SG descriptors against your ESA50 replies?
Ask them for the DMs decisions... apparently if you are awarded ESA for wrag you do not have and ESA65, and ask for the ESA85a,, which is the report by a Health Care Professional when you haven't had a medical . keep asking, it took a phone call from my hubbie 3 letters from me and two phone calls from my MPs case worker before I got mine. They didn't contact my GP even though I asked them to get copies of my medical records on my ESA50.
I sent my appeal in before I recieved them, as already said you can cancel your appeal at any time. Now I have them I have soooo much more to add to my appeal.
whatever you decide to do good luck.
Linda

Bill Kruse wrote:

On this issue I think we've established it's the responsibility of the DWP to prove that you're now well enough to be fit for work as you were previously judged to be too ill, hence your IB. I don't think there's any reason to believe appealing might mean you (or anyone in your position) might lose ESA entitlement altogether if your case is reassessed. The DWP would still have to prove you were 'fit to work' and how could they do that if you haven't even had a functional assessment, as they call them?

What do the mods think?

BB

Hi Bill

Unlike criminal courts, the level of proof required at appeal tribunals is the balance of probability.

You have to bear in mind that the WCA is a different test to the PCA so it's potentially possible for somebody who passed the PCA to be found fit for work when the WCA is applied. In many cases the risk may be minimal but it always needs to be considered.

Regards

Derek

Crazydiamond wrote:

butterlyfudgie wrote:

I have been exempt on IB for several years, and am being transferred to ESA. I got a letter from Atos saying I would not need to go for a medical this time, which I took to mean that I would be in the Support Group, but I have had the dreaded letter which states I'm in the WRAG group, and must prepare for work.

Now, how can I be exempt on IB, don't need a medical for ESA(I've got Fibro and MH stuff, agrophobia being one)and yet be well enough to prepare for work?

I'm 56, who would employ me anyway? The annoying thing is if they hadn't changed the age of retirement I would only be 3 years away from retirement bah humbug

Anyway, the question being, should I appeal? Or just be grateful to not be put on JSA. Truth to tell, I'm gutted, the thought of going to the Job Centre makes me feel ill!

Ask your local JCP office for a copy of forms ESA65 and ESA85A, to ascertain how many points were scored for the WCA. The ESA85A will also give you an indication as to why you were placed in the WRAG?

It is important to lodge an appeal as soon as possible, and certainly within one month of the date on the decision letter. You can do this by completing form GL24. You can withdraw an appeal at any time up to the date of the hearing, so having received the relevant forms from the DWP, if you think that the chances of a successful appeal for allocation to the support group would be limited and put your existing award of ESA at risk, you are entitled at this juncture to withdraw the appeal.

If you have to appeal but don't receive the ESA65/85a from them in time what should you write on the GL24 because you wouldn't know where you got and didn't get the points, if you know what I mean, so you don't know what your appealling about? I hope that makes sense!

Just to add that if an appellant is disputing the fact that they should have been placed in the support group when placed in the WRAG, a warning should be given by the tribunal thus:-

“It is important that you realise that we have the power to increase an award, to leave the award as it is, or to remove it altogether. We have not yet made a decision on your appeal and will not do so until we have heard all the evidence but from the evidence in the papers/given by you today it seems to us that your existing award may be at risk if you go ahead with the appeal. We are therefore going to give you some time to consider what you want to do.”

Then the three options - adjourning to another day to seek advice, withdrawing the appeal or proceeding with the hearing – should be explained clearly to him. If asked, there is no harm in pointing out which evidence has given rise to the doubt.