No Medical but placed in the WRAG

I was migrated from Contribution Based Incapacity Benefit to ESA and was placed in the WRAG in December 2013 even though I had not had a medical assessment via ATOS and still have not had a medical to date.

I attended my first work related interview at the Jobcentre in January and this is how it went:


PA confirmed my details and I expressed my concerns about being placed in this group and not the Support Group especially as I had not had a medical assessment with ATOS.

She explained that the decision had been made because of a past medical assessment, which I believe was about 5 years ago. She then checked when my next medical was due but did not give me that information.

Instead, she went on to explain that I had 365 days from December in the WRAG at which time it would stop but I would be receiving NI credits for a further 12 months.

OK!

She suggested that if I believed I should be in Support Group I should contact Jobcentre Plus and ask them to reconsider their decision. I was trying to take this in when she told me my next appointment would be due in 6 months and they would contact me with the details.

My interview lasted all of 15 minutes and I left the office feeling more confused than ever - absolutely nothing was mentioned about how they would help me find work when my benefits finish in December 2014........

When I got home my daughter immediately helped me write a letter to Jobcentre Plus asking them to reconsider their decision with regard to the group I had been placed in that was over three weeks ago and I have not heard from them to date.

I am totally baffled by the whole procedure and am at my witts end. My medical conditions are both physical and mental (Lupus & Depression) and I am presently stressed to my limits.

Can anyone tell me if the procedure I went through with the Personal Adviser seems correct and perhaps what I can do now, anything at all that would help me in my dilemma.

Thank you and I look forward to hearing from you.

Hi Karen,

To be honest, the quality of the interviews with the Personal Adviser varies considerably from person to person. Some of them seem to truly want to help get the claimant ready for work, others seem to want to do the least possible!

Regarding the decision to place you in the WRAG, not everyone has a face2face assessment (I won't glorify it with the title 'medical' because it would be far from a medical as most of us know them!). There does seem to have been a lot of people moved directly from IB to the WRAG on paper evidence alone.

Did your daughter actually use the words 'Mandatory Reconsideration' in her letter on your behelf? This specific wording must be used in order to get the proper process started. If the reconsideration does not find in your favour, you will have the right to submit a formal appeal. You will still be paid the WRAG meanwhile and will need to participate in personal interviews when requested to do so.

Mandatory reconsideration FAQs

Do I have to attend WFIs while I appeal?

Is there any risk to challenging a decision?

Edit - I see that you are new to the forum. On the assumption that you are also new to the site, you should find this FAQ helps you find your way around.

Welcome to Benefits and Work

Please come back to this topic if/when you have any more questions. You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now. Then we will have the benefit of keeping all the information in one place

Mrs Hurtyback wrote: Hi Karen,

To be honest, the quality of the interviews with the Personal Adviser varies considerably from person to person. Some of them seem to truly want to help get the claimant ready for work, others seem to want to do the least possible!

Regarding the decision to place you in the WRAG, not everyone has a face2face assessment (I won't glorify it with the title 'medical' because it would be far from a medical as most of us know them!). There does seem to have been a lot of people moved directly from IB to the WRAG on paper evidence alone.

Did your daughter actually use the words 'Mandatory Reconsideration' in her letter on your behelf? This specific wording must be used in order to get the proper process started. If the reconsideration does not find in your favour, you will have the right to submit a formal appeal. You will still be paid the WRAG meanwhile and will need to participate in personal interviews when requested to do so.

Mandatory reconsideration FAQs

Do I have to attend WFIs while I appeal?

Is there any risk to challenging a decision?

Edit - I see that you are new to the forum. On the assumption that you are also new to the site, you should find this FAQ helps you find your way around.

Welcome to Benefits and Work

Please come back to this topic if/when you have any more questions. You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now. Then we will have the benefit of keeping all the information in one place

Mrs HurtyBack

Thank you very much for your detailed reply as it is greatly appreciated. I have checked the letter sent to Jobcentre Plus and I'm pleased to say it has been titled "Mandatory Reconsideration".

I have read that the new Decision Maker will contact me via telephone and to date I have not received a call. However, I did receive a call one day but by the time I got to the phone the caller hung up. As it looked like a local number I tried to call back but just received a strange noise on the line and no message was recorded either.

Do you have any ideas on how long it will take for them to contact me or make a reconsideration of their original decision? At least if I have some idea I will be in a better position to manage my anxiety & stress levels.

Regards
Karen