WRAG To Support Group on Appeal

I just wanted to share my good news with everyone connected with this site, including my fellow ‘social victims’ out there. I have received notification this morning that my appeal has been upheld and I should now be moved from WRAG to Support Group. The Tribunal also made the recommendation that I should not be reassessed for two years.

Thank you all for your advice and support over these many long months (if not years), and though it’s now a well-worn cliché, I really couldn’t have done it without you.
I know we’re not supposed to discuss individual cases in any great detail on here, but if the moderators will allow, I’d like to give some facts that may be of use and/or comfort to other members:-

I suffer from the mental-health condition, PTSD (Post Traumatic Stress Disorder). I had been found unfit for work based on the ESA50 with no medical involved, but placed in WRAG. However, I felt I should have been placed in the Support Group and duly lodged an appeal. It then took 15-months from the day the papers went in until I had my day in court. Depending on where you live, you may be in for a similar wait. I know of one local chap who waited several months on his appeal date, only to find that DWP had lost his papers. So, if in doubt, double-check that they’ve received your request for appeal (Form GL24).

My grounds for appeal were that I felt I should have scored maximum points in at least one, if not three, of the ESA50 descriptors, any one of which should have automatically placed me in the Support Group. In addition, I argued that the same reasons and criteria used by Atos to find me unfit for work, would equally apply to participation in WRAG, and that if nothing else, I ought to be put in SG under the provisions of the Exceptional Circumstances Rule.

Now here’s an important point: when I sent the GL24 to the DWP, I specifically requested copies of all relevant documents, which was my right, and which they were obliged by law to comply with. What they sent me was just a copy of the Atos HCP’s Medical Report – they did NOT send me a breakdown of the points I’d scored against each descriptor. This is the first point the judge raised at the Tribunal. She said this was fairly common practice with the DWP and seemed rather annoyed with them for doing so. Based on this experience, my advice would be to pursue the DWP for your schedule of points, no matter how many reminders you need to send them. I think if I’d had this particular piece of evidence to ‘hit’ them with, they might have changed their decision before it went to appeal.

As it turned out, my case was upheld officially on the basis of Activity 13 in Schedule Three of the ESA Regulations: Coping with Social Engagement, Due to Cognitive Impairment or Mental Disorder.

As to the Tribunal ‘experience’ itself: my case was heard in a large courtroom (not the small office I was hoping for), but there was only the judge and a doctor in the room with me, both of whom were very friendly and supportive. The doctor did most of the talking, mostly asking similar questions to those you find in the ESA50 about your daily routine, etc. The big difference is that I felt I was being listened to this time as a human being, and not being treated like a ‘lab-rat’.

I’d had to wait another 40-minutes due to an overrun, so was pretty stressed-out by the time my turn came, but I’m very glad I managed to go through with it. In fact, the judge made a point of thanking me for making the effort to be there in person, both before we began and after we’d finished. As has been said on here – it really does make a positive difference if you can manage to appear in the flesh (even if that ‘flesh’ is quivering a bit).

Finally, even though I had a chap from the County Welfare Rights Service with me (who was very good), the advice and information I got from this site was crucial in letting me know my rights and what to expect. There were points I learned from here that even the Welfare chap hadn’t considered. Well done B&W, and more power to you!

Biffer wrote: I just wanted to share my good news with everyone connected with this site, including my fellow ‘social victims’ out there. I have received notification this morning that my appeal has been upheld and I should now be moved from WRAG to Support Group. The Tribunal also made the recommendation that I should not be reassessed for two years.

Thank you all for your advice and support over these many long months (if not years), and though it’s now a well-worn cliché, I really couldn’t have done it without you.
I know we’re not supposed to discuss individual cases in any great detail on here, but if the moderators will allow, I’d like to give some facts that may be of use and/or comfort to other members:-

I suffer from the mental-health condition, PTSD (Post Traumatic Stress Disorder). I had been found unfit for work based on the ESA50 with no medical involved, but placed in WRAG. However, I felt I should have been placed in the Support Group and duly lodged an appeal. It then took 15-months from the day the papers went in until I had my day in court. Depending on where you live, you may be in for a similar wait. I know of one local chap who waited several months on his appeal date, only to find that DWP had lost his papers. So, if in doubt, double-check that they’ve received your request for appeal (Form GL24).

My grounds for appeal were that I felt I should have scored maximum points in at least one, if not three, of the ESA50 descriptors, any one of which should have automatically placed me in the Support Group. In addition, I argued that the same reasons and criteria used by Atos to find me unfit for work, would equally apply to participation in WRAG, and that if nothing else, I ought to be put in SG under the provisions of the Exceptional Circumstances Rule.

Now here’s an important point: when I sent the GL24 to the DWP, I specifically requested copies of all relevant documents, which was my right, and which they were obliged by law to comply with. What they sent me was just a copy of the Atos HCP’s Medical Report – they did NOT send me a breakdown of the points I’d scored against each descriptor. This is the first point the judge raised at the Tribunal. She said this was fairly common practice with the DWP and seemed rather annoyed with them for doing so. Based on this experience, my advice would be to pursue the DWP for your schedule of points, no matter how many reminders you need to send them. I think if I’d had this particular piece of evidence to ‘hit’ them with, they might have changed their decision before it went to appeal.

As it turned out, my case was upheld officially on the basis of Activity 13 in Schedule Three of the ESA Regulations: Coping with Social Engagement, Due to Cognitive Impairment or Mental Disorder.

As to the Tribunal ‘experience’ itself: my case was heard in a large courtroom (not the small office I was hoping for), but there was only the judge and a doctor in the room with me, both of whom were very friendly and supportive. The doctor did most of the talking, mostly asking similar questions to those you find in the ESA50 about your daily routine, etc. The big difference is that I felt I was being listened to this time as a human being, and not being treated like a ‘lab-rat’.

I’d had to wait another 40-minutes due to an overrun, so was pretty stressed-out by the time my turn came, but I’m very glad I managed to go through with it. In fact, the judge made a point of thanking me for making the effort to be there in person, both before we began and after we’d finished. As has been said on here – it really does make a positive difference if you can manage to appear in the flesh (even if that ‘flesh’ is quivering a bit).

Finally, even though I had a chap from the County Welfare Rights Service with me (who was very good), the advice and information I got from this site was crucial in letting me know my rights and what to expect. There were points I learned from here that even the Welfare chap hadn’t considered. Well done B&W, and more power to you!

That is great news B

I can recall your posts regarding your "fight" to obtain the correct ESA Award.

Well done for persevering !!!!

Thanks for your interesting post, and thank you very much for your kind comments regarding B&W.

Without wishing to put a dampener on things, The Tribunal's recommendation that you should not be reassessed for 2 years, is just that, a recommendation, and has no legal standing.

Remember also, that as The SG decision is a remaking of the original WRAG decision, that you will be classed as having been in The SG since the time of he WRAG decision.

Hopefully, the DWP will give you some peace, for a prolonged period.

bro58

That is great news, thanks for letting us know - and for your kind words about this site