ESA

Hi I sent off my ESA form on the 31/10/13 and to be honest with you I forgot all about it,until yesterday when I got a reply,it took them 11 mths.

So I kept a copy of it as this site told me to and even then when I sent off the form they still asked my GP to fill in a form for them(which he did) as he showed me it,and it was 100% backing me,because of my ill health.

However,on reading this letter yesterday I was shocked to say the least that they put me into this Wrag anyway I phoned up and voiced my opinion and the guy said I should write a letter in explaining why I think the decision is wrong and if possible also get my GP to write a letter for support,he also said there was a form to fill in if I did not want to write a letter.

Well have I not done this already by filling in a form filling all boxes and 4 a4 pages and the GP filled in his form.I am in bad health recovering from two heart attacks,which damaged my left hand side of my heart.

I have heart failure..high blood pressure ,problem with my lower back,unable to get it fixed owing to my heart problems,take 16 tabs a day.

I also take sudden falls owing to heart and pass out,I then pass water for some reason when I come around and am very weak for days after these attacks.I belive that my form could have been filled in to much , and they only read a few lines..

Could you tell me who looks at these forms ,are they retired doctors and then pass them on to dhss decision makers.

Its pretty bad as I have been on I/c benifit for a long time now and they seem to have accepted me as what I told them .

So I think it very unfair.

Like so many on this site looking for answers ,we do not choose to be ill,it is what it is fact.Also could you tell me if I have to stay on this wrag,is it only for 365 days then what do I do.

I also see if you are a carer you don't have to go for interviews my wife cares for me and I get a carers allowance for my son (but no money) as I cannot claim it.

Does this get me out of interviews.

I don't know what these people want of me,but if I was fit and well,belive me I would not need them for telling me what job I would need I would be out there making money.

I hope you can help.Thanks

knockveiw wrote: Hi I sent off my ESA form on the 31/10/13 and to be honest with you I forgot all about it,until yesterday when I got a reply,it took them 11 mths.

So I kept a copy of it as this site told me to and even then when I sent off the form they still asked my GP to fill in a form for them(which he did) as he showed me it,and it was 100% backing me,because of my ill health.

However,on reading this letter yesterday I was shocked to say the least that they put me into this Wrag anyway I phoned up and voiced my opinion and the guy said I should write a letter in explaining why I think the decision is wrong and if possible also get my GP to write a letter for support,he also said there was a form to fill in if I did not want to write a letter.

Well have I not done this already by filling in a form filling all boxes and 4 a4 pages and the GP filled in his form.I am in bad health recovering from two heart attacks,which damaged my left hand side of my heart.

I have heart failure..high blood pressure ,problem with my lower back,unable to get it fixed owing to my heart problems,take 16 tabs a day.

I also take sudden falls owing to heart and pass out,I then pass water for some reason when I come around and am very weak for days after these attacks.I belive that my form could have been filled in to much , and they only read a few lines..

Could you tell me who looks at these forms ,are they retired doctors and then pass them on to dhss decision makers.

Its pretty bad as I have been on I/c benifit for a long time now and they seem to have accepted me as what I told them .

So I think it very unfair.

Like so many on this site looking for answers ,we do not choose to be ill,it is what it is fact.Also could you tell me if I have to stay on this wrag,is it only for 365 days then what do I do.

I also see if you are a carer you don't have to go for interviews my wife cares for me and I get a carers allowance for my son (but no money) as I cannot claim it.

Does this get me out of interviews.

I don't know what these people want of me,but if I was fit and well,belive me I would not need them for telling me what job I would need I would be out there making money.

I hope you can help.Thanks

Hi kv,

I have just been reading through your previous posts : Here.

If you rang the number on The WRAG Decision Notice letter, then you will have only spoken to a DWP Call Responder in a Call Centre.

If you feel that The WRAG decision is wrong and you should have been placed into The Support Group (SG) you have one month from the date of the letter to request a Mandatory Reconsideration (MR) of the adverse WRAG award, see :


Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

Mandatory Reconsiderations Explained

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

ESA Claims Guides

Directly below : "ESA appeals"

You should request the MR in writing within the one month deadline, making it clear that you are formally requesting a Mandatory Reconsideration of the adverse WRAG award. (enter date of WRAG award)

Post it to the address of The Benefits Office/Centre on your WRAG award letter :

Sending Documents to the DWP or ATOS

You can simply refer back to evidence that you have already provided within The ESA50 Questionnaire and any added evidence. You can also include any fresh evidence.

Don't forget, any evidence must be pertinent to the actual time of The WRAG award, and not from the time that you sent in The ESA50, etc or at any time since The WRAG award.

Even though it is very important to provide documented evidence of you medical conditions, it is equally, if not more important, to tie the limitations that you suffer as a result of the proven medical conditions in with the qualifying SG Descriptor/s that apply to you.

It must be at least one of : The SG (LCWRA)Schedule 3 Descriptors

And/or you could try and qualify under ESA Reg 35. (2) (a) & (b),

In that there would be a "Substantial Risk" to your health, or that of another if you had to comply with WFI/WRA in The WRAG, and were not placed into The SG. (Had LCWRA)

From :

ESA Reg 35 for entry to The SG (LCWRA)

If you are to use ESA Reg 35, you should make it clear how and why there would be "Substantial Risk" if you were kept in The WRAG. This is where your doctor could help also.

See also : Qualifying for the Support Group

Whilst on the : ESA Claims Guides page, you could also review the relevant guide/s 3rd and 4th link down.

A common mistake made by G.P.'s even when they are trying to help, is that they state that their patient is "unfit for any type of work".

This only helps get a claimant into The WRAG, where it is then deemed that they have Limited Capability for Work. (LCW)

LCW = Unfit for work.

However, to placed into The SG, you must fulfill at least one of The SG descriptors or qualify under ESA Reg 35, it is then deemed that you have Limited Capability for Work Related Acivity. (LCWRA) as well as LCW.

You may be able to obtain a copy of : The ESA 113 Questionnaire that your G.P. filled in, there may be a copy in your G.P. records.

If it supports your LCWRA, you could represent it to The DWP.

As a totally separate issue to your MR, you could also issue a SAR to The DWP, to obtain copies of all the documentation used in coming to The WRAG decision.

There will be an ESA85A medical report, an LT54 Form and, as you know an ESA113.

Have a look at this post regarding issuing a SAR to The DWP:

www.benefitsandwork.co.uk/forum?view=top...=10&id=101933#124636

As this advice was with regards to an SG award simply read any SG references as WRAG, which is pertinent to you.


1.

"Could you tell me who looks at these forms ,are they retired doctors and then pass them on to dhss decision makers."

2.

"Its pretty bad as I have been on I/c benifit for a long time now and they seem to have accepted me as what I told them"

1. It is an ATOS HCP, they could be a nurse, midwife, physiotherapist, occupational therapist or Doctor who has had training in Disability Analysis.

2. I am afraid that Incapacity Benefit (IB) was a totally different benefit to ESA, with different qualifying criteria.

With IB you were either fit for work or unfit for work. With ESA you can be fit for work, LCW, (WRAG) or LCWRA. (SG)

As you were previously in receipt of IB, you will be paid Contribution Based (CB) ESA:

What will I be transferred to?

From our :

IB, IS, SDA, Migration to ESA FAQ’s

If you are only entitled to CB ESA, with no Income Related (IR) ESA top-ups, then you are only entitled to 365 days of payment whilst not in The SG :

12 Month Limit for ESA(CB)

From our : ESA FAQ’s

For CB ESA payments only, you should be financially assessed before the end of the 365 days to see whether you qualify for IR ESA.

If you are classed as a Carer, then this does exclude you from taking part in Work Related Activity (WRA) or being sent forward to The Works Programme.

However, it does not exclude you from having to take part in Work Focused Interviews. (WFI)

You can request that WFI's are deferred, or carried out over the phone, and would have to discuss this with The JCP Adviser if/when they contact you.

Work Focused Interviews

Work Programme

See also : Changes to ESA Sanctions

A lot of questions, and a lot of information for you to take in.

You might want to Bookmark/Favourite this page in your browser, you can then find it again easily, for referal, and reposting of any further queries.

bro58

Thank you for your answers yesterday.I went to see my GP today as I already had an apt made some 3 weeks ago,I mentioned that I was put on wrag and asked him to write a letter for me.He refused as he has already answered there form send out.He told me that it is now up to me to prove the situation and it comes down to a decision maker what they decide.

Since I filled in my form 11 mths ago,ill health has continued,are you allowed to state that up until the day you send in the md request?

Also I am thinking of getting my consultants to write a report,am I right in saying that it has to tie in with a descriptor for them to consider me getting into the support group.

I would also like to know when you are put into this wrag it is only for 365 days,what then happens if a persons situation is the same as before ,its all very confusing