esa tribunal won placed in wrag group

Hi,just wanted to let you all know that I won my appeal yesterday at tribunal was awarded descriptor. 3b 9 points Aand 9b 6 points for schedule 2 esa regs 2008.or thoy I Am. Very happy with the outcome and was only in there 2 minutes as descision was already on the table I feel my ssupport descriptors were not taken into account as the fact that I have xhronic pain and cannot walk unaided for more than 50 metres due to severe discomfort and exhaustion and also I have bladder uincontinence anxiey depession and social phobia.I did query and the judge kindly pionted out its very unlikely and extreaMley difficult to be placed in this group.and I have no idea on the descriptos in which I was awarded on and they also put on lettwr that I ecceped more descriptors as well but because I attained 15 points plus they never added them.I'm woried now if they expect me to go on work proggrammes or expect me to do work I seriosly feel I wiill be unable to comply due to the conditions I have bieng very severe.any advice would be appreciated.I would also like to express my sincere thanks for all the in valuable advice and support I have received from this forum.and also would like to know what will happen next now iam in the wrag gruop.thanks kell 13

Kelly wrote: Hi,just wanted to let you all know that I won my appeal yesterday at tribunal was awarded descriptor. 3b 9 points Aand 9b 6 points for schedule 2 esa regs 2008.or thoy I Am. Very happy with the outcome and was only in there 2 minutes as descision was already on the table I feel my ssupport descriptors were not taken into account as the fact that I have xhronic pain and cannot walk unaided for more than 50 metres due to severe discomfort and exhaustion and also I have bladder uincontinence anxiey depession and social phobia.I did query and the judge kindly pionted out its very unlikely and extreaMley difficult to be placed in this group.and I have no idea on the descriptos in which I was awarded on and they also put on lettwr that I ecceped more descriptors as well but because I attained 15 points plus they never added them.I'm woried now if they expect me to go on work proggrammes or expect me to do work I seriosly feel I wiill be unable to comply due to the conditions I have bieng very severe.any advice would be appreciated.I would also like to express my sincere thanks for all the in valuable advice and support I have received from this forum.and also would like to know what will happen next now iam in the wrag gruop.thanks kell 13

Hi K,

Well done on winning your appeal (even though you felt that you should have been placed into The SG)

See : " 3 (b)

Cannot raise either arm to top of head as if to put on a hat. : 9 points"

&

" 9 (b) At risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. : 6 points."

From :


WRAG (LCW) Descriptors

You can only challenge a First Tier Tribunal decision to The Upper Tier, if you can show that there has been : An Error of Law?

Your first step would be to request a : Written a Statement of Reasons from the Tribunal within one month.

This is not a straighforward issue and you may need professional advice to see whether there has been an error in law, see :

Where to get advice?

This WRAG award will now be backdated to the time of the fit for work decision that you appealed, and you will be entitled to any arrears of The WRA Component that may be owed from that date.

It can help to speed things up if you send a copy of The Decison Notice to the DWP office that is dealing with your ESA.

Sending Documents to the DWP or ATOS

As you are now in The WRAG, see :

12 Month Limit for ESA(CB)

Work Focussed Interviews

Work Programme

Changes to ESA Sanctions

Another option, if you can show that your condition has deteriorated or you have new conditions, since the time of the original adverse decision, and due to this, you can show that you qualify for The SG, you could request a supersession/review.

You should be aware though, that in doing this you would face a new reassessment, and your current WRAG award may be at risk.

bro58

Hi K,

Just to add, with respect to my comments regarding supersession/review.

The Tribunal will have made their WRAG award on how your limitations affected you at the time of the original fit for work decision, and not at any time since then.

That is why the WRAG award will be backdated to that time, as they have "remade" the original fit for work decision.

In effect, you are now deemed to have been in The WRAG, since that time.

bro58

Hi thanks for the advice I think io best option is o leave things as they are as it has taken 14 months to get this far after bieng on incapacity benfit nefore esa found me fit for work.thanks again for all the good advice kkell 13

Kelly wrote: Hi thanks for the advice I think io best option is o leave things as they are as it has taken 14 months to get this far after bieng on incapacity benfit nefore esa found me fit for work.thanks again for all the good advice kkell 13

Hi K,

If you were previously on IB, were you in receipt of Contribution Based (CB) ESA only, at the assessment rate whilst appealing, if so, did your payments stop after 365 days ?

bro58

Hi bro58, thanks for reply yes iam on esa cb from 9th may 2012 untill .may 2013 on assessment rate but as I won appeal yesterday I was told by judge I would get all backdated money.hope this is right? Regards kell 13