Support Group to Work Related Activity Group

Hi
Can any one advise me on ESA matter.I have been in the support group for over a year .I then went for a Atos medical in July 14 . I then got a letter saying I was in the Work Related Activity Group. I asked them to look at the decision again on the grounds of exception circumstances. I had a knee replacement two years ago and I cant bend or flex my knee and I have Arthrofibrosis which is a progressive disease. They did not change the decision and they said I had 15 points. I have not got any better in fact I have got worse. Can any one give me advice please

emilys wrote: Hi
Can any one advise me on ESA matter.I have been in the support group for over a year .I then went for a Atos medical in July 14 . I then got a letter saying I was in the Work Related Activity Group. I asked them to look at the decision again on the grounds of exception circumstances. I had a knee replacement two years ago and I cant bend or flex my knee and I have Arthrofibrosis which is a progressive disease. They did not change the decision and they said I had 15 points. I have not got any better in fact I have got worse. Can any one give me advice please

Hi e,

It would help if you were aware of the ESA Support Group (SG) Descriptors that were applied when you were previously placed into The SG.

It may have been one or more of :

The SG (LCWRA)Schedule 3 Descriptors

Or, it may have been under :

ESA Reg 35 for entry to The SG (LCWRA) Exceptional Circumstances Rules.

You can request all documentation used in coming to this WRAG decision and the previous SG decision by issuing a Subject Access Request (SAR) to The DWP.

You could particularly request the ESA85 medical report. (It would be the ESA85A Medical Report if no "medical" face to face took place)

ESA medical – what forms to ask for?

This should include the prognosis, and reasons why you were placed into The WRAG/SG, which may be useful with an appeal.

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could make a SAR for "All" documentation used in coming to The WRAG/SG decisions.

You could also pose particular questions, e.g. :

1. Reasons why you were placed into the WRAG, (and The SG last time) including which of WRAG/SG descriptors were applied. Whether it be one or more of The Schedule 2/3 Functional Descriptors, or The ESA Regulation 29/35 Non Functional Descriptor.

2. The prognosis of the WRAG/SG award, and when you should expect to have your next reassessment.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS "

As this can take 40 days or more, you should not miss your deadline to appeal to The Tribunal Service directly, if that is what you intend to do.

If you wish to obtain documents from your previous SG award, you should enter the start date from sometime before that decision, to current time.

You will now have to show which of The SG Descriptors you feel that you qualify under, or indeed why you qualify under ESA Reg 35 Exceptional Circumstances Rules.

Qualifying for the Support Group

You may also wish to review our : ESA Claims Guides

With regards to Exceptional Circumstances Rules ESA Reg 35, to qualify under this you would have to fulfill ESA Reg 35 (2) (a) & (b)

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

i.e. You would have to prove that there would be substantial risk to your own health or that of another, if you where not placed into The SG. ("were found not to have limited capability for work-related activity." (LCWRA) )

You can not appeal directly to The Tribunal Service until you have the Mandatory Reconsideration (MR) Notice back from the DWP stating that an MR has taken place.

There is an MR/Appeals Guide on this page :

ESA Claims Guides

See also :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Now that you are in The WRAG you should be aware of the following :

Work Focused Interviews

Work Programme

Changes to ESA Sanctions

&

12 Month Limit for ESA(CB)

A lot to take in, I know. Please reply to this topic if you have further queries.

You may wish to Bookmark/Favourite this page for easy access.

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