Moved from Support Group to WRAG

I recently had a medical with ATOS and within daysI received a letter stating that I was being moved from the Support Group into WRAG.
I requested the medical report and in it it states in the prognosis
"I advise work is unlikely within 2 years" and reasons for the opinion given " The available evidence suggests improvement unlikely in the longer term"
How can they then justify moving me into the WRAG?
How do I go about appealing?
Thanks

helenbach wrote: I recently had a medical with ATOS and within daysI received a letter stating that I was being moved from the Support Group into WRAG.
I requested the medical report and in it it states in the prognosis
"I advise work is unlikely within 2 years" and reasons for the opinion given " The available evidence suggests improvement unlikely in the longer term"
How can they then justify moving me into the WRAG?
How do I go about appealing?
Thanks

Hi hb,

Welcome to Benefits and Work

""I advise work is unlikely within 2 years" and reasons for the opinion given " The available evidence suggests improvement unlikely in the longer term""

Is a sentence/phrase electronically generated by The LiMA sofware used to compile the ESA85 Medical Report that you are quoting from.

The assessing HCP would have chosen this from a "dropdown" in the programme whilst carrying out the face to face.

This is known as "the prognosis" and is the recommended period before you should be re-assessed.

As you were previously in The SG, the "burden of proof" is on The DWP Decision Maker to give reasons why your limitations have reduced to such an extent that you no longer qualify for the SG.

Since the 28/10/13, you can no longer appeal in the first instance.

You must first request a Mandatory Reconsideration (MR) of the adverse WRAG award.

You should concentrate on showing that your limitations have not changed nor diminished since the time of the previous SG award.

e.g. You have not undergone any new operative procedures, nor are you taking any new medication which has alleviated your medical condition and lessened the limitations that qualified you for The SG last time.

Nor have you learnt to deal, adapt or cope with your limitations any better since your last SG award.

It would help, if you knew under which Activity/Descriptor you qualified for The SG previously.

You only have one month from the date of your WRAG Award Decision Notice letter to request an MR. If you are to do this over the phone, I would advise that you back it up in writing :

Sending Documents to the DWP or ATOS

See also :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also an MR/Appeals Guide for ESA on this page :

ESA Claims Guides

You will still receive your WRAG rate of ESA whilst the MR/Appeal is ongoing.

You may also have to attend WFI's, but you can request that they are carried out over the phone or deferred.

If you receive a letter of appointment for a WFI, you should contact the JCP Adviser and request the above. You should also inform them that you have requested an MR, and will appeal if the MR is unsuccessful.

See also :

Work Focused Interviews

&

12 Month Limit for ESA(CB)

You should not be referred to The : Work Programme , once they are aware that you have requested an MR/Appeal.

Hope this helps, and please reply to this topic (which you may wish to bookmark) if you have any further queries.

bro58