Re ESA (MR)

I was recently put into Wrag and got a letter to tell me about the change from IC to ESA. I saw on the letter that myself or someone else can request a statement of reasons from DWP. I have only a few days left as the 30 day rule is near.I only send of a letter on Monday rec del for this request and my 30 days are up on Fri. As I want them to look at it again as I belive strongly I should have been put in sg.

I also have had to get consultants to write reports for me and as yet I have not got these,but will in the next week I am told.Is there any rules to extend this 30 day rule as I have been very unwell in the past few weeks.

Also is there any template letters I can follow to request this mr,please

knockveiw wrote: I was recently put into Wrag and got a letter to tell me about the change from IC to ESA. I saw on the letter that myself or someone else can request a statement of reasons from DWP. I have only a few days left as the 30 day rule is near.I only send of a letter on Monday rec del for this request and my 30 days are up on Fri. As I want them to look at it again as I belive strongly I should have been put in sg.

I also have had to get consultants to write reports for me and as yet I have not got these,but will in the next week I am told.Is there any rules to extend this 30 day rule as I have been very unwell in the past few weeks.

Also is there any template letters I can follow to request this mr,please

Hi kv,

The DWP are supposed to allow extra time for an MR if the claimant makes a request for a Statement of Reasons for a decision.

If you haven't already done so, I would write a letter to The DWP ASAP and post it recorded delivery, (Keep copies) making it clear that you are requesting a Mandatory Reconsideration of the adverse WRAG Decision made on [insert date of decision] as you feel that you should have been placed into The Support Group. (SG)

You can add that you are awaiting supporting medical evidence of this, and will forward it on to them when you receive it.

Although it may help to see the reasons why you were placed into the WRAG, the important issue is to show how and why you qualify for The SG under The SG Descriptors, as we have previously advised.

I refer you back to my post : Here with regards to requesting an MR.

bro58

Hi thank you for your replies in the past.As you know I am asking the DWP for a MR.
There is a lot of talk about these descriptors in ESA, in my original claim I mentioned that I got pain discomfort when walking even in approx. 20 metres owing to my heart problemS.
I also pass out and be on the floor for a time, and with the embrassing situation of passing water,I mention all of this on the form, and thought perhaps I should have got into SG.

My question is when asking for this review ,is it a wise thing to write about the above problems I have and say these should match your descripitors etc,or do you let the DWP fit the situation into their descripitors for themselves.

Thank you in advance.

knockveiw wrote: Hi thank you for your replies in the past.As you know I am asking the DWP for a MR.
There is a lot of talk about these descriptors in ESA, in my original claim I mentioned that I got pain discomfort when walking even in approx. 20 metres owing to my heart problemS.
I also pass out and be on the floor for a time, and with the embrassing situation of passing water,I mention all of this on the form, and thought perhaps I should have got into SG.

My question is when asking for this review ,is it a wise thing to write about the above problems I have and say these should match your descripitors etc,or do you let the DWP fit the situation into their descripitors for themselves.

Thank you in advance.

Hi kv,

I have merged your post from today with your previous topic.

This helps the Mods to answer your queries, as they can see your "history".

It may make it easier for you to post on the same topic if you Bookmark/Favourite this page in your internet browser. This is usually done at the top right of your browser.

You will then have a quick link which you can click on to return to it easily.

With ESA, it is no longer a "Walking Test" therefore, not only must you show that you fulfill the "Mobilising" Descriptor (WRAG or SG) as you cannot "Walk" the requisite distance, you must also show that you could not self propel a manual wheelchair unaided.

Even if you have never owned, used or been advised to use one.

Therefore, simply stating that you have walking limitations would not fulfill the descriptor for WRAG or SG :

Activity 1. Mobilising.

"1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used."

From :

WRAG (LCW)The Schedule 2 Descriptors

&

The SG (LCWRA)Schedule 3 Descriptors

The reason that "there is a lot of talk of these descriptors", is that the only way that you can qualify for The WRAG and/or SG is by fulfilling the criteria of the descriptors.

Yes, it would help if you could give detail of your medical conditions, and reference these to the medical evidence.

Then give details of the limitations that you suffer as a result of the medical conditions.

Then tie in the limitations with the descriptors that you feel apply to your own personal circumstances.

e.g. To gain entry to the SG on Activity 1 Mobilising Descriptor, you would have to show that you suffered limitations in walking with or without a walking stick or other such aid, more than 50 metres. You would also have to show that your limitations prevented you from self propelling a manual wheelchair unaided the same distance.

Therefore, you would need to show that you had lower limb problems, and/or upper limb problems, or problems with sitting, or cardiac-respiratory problems that preclude the exertion needed to walk and/or self propel a manual wheelchair unaided.

The SG Mobilising Descriptors are below :

"1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion."

I strongly recommend that you read through our ESA Claims Guides as previously advised.

They are 3rd and 4th Links down this page : ESA Claims Guides

This may give you a better understanding of how you qualify for The WRAG or SG of ESA, as it seems that you are struggling to grasp the whole concept of how different it is to IB.

Please post any further queries that you may have by replying to this topic.

bro58

Thank you for your advice,I have spend time today looking through all of the wonderful guides that B and W have done. There is a few questions I wonder if you could answer for me.Say for instance I can link myself into a descriptor to get me into the support group,I write down my reasoning for doing so,should I mention then the direct descriptor of the support group eg paragragh a (1) 15 pts for example,or do I just write what way the ill health effects me and surely they DWP would be able to put 2 and 2 together and come to the right decision.

Also would it be a good idea for my partner to write a letter stating ,the way she helps me daily and the way I am each day etc.

Sorry for having to ask ,but I want to make sure I have this MR right as I have lost money from IB and IS changing to this ESA approx. £71 a week.

Thanks

knockveiw wrote: Thank you for your advice,I have spend time today looking through all of the wonderful guides that B and W have done. There is a few questions I wonder if you could answer for me.Say for instance I can link myself into a descriptor to get me into the support group,I write down my reasoning for doing so,should I mention then the direct descriptor of the support group eg paragragh a (1) 15 pts for example,or do I just write what way the ill health effects me and surely they DWP would be able to put 2 and 2 together and come to the right decision.

Also would it be a good idea for my partner to write a letter stating ,the way she helps me daily and the way I am each day etc.

Sorry for having to ask ,but I want to make sure I have this MR right as I have lost money from IB and IS changing to this ESA approx. £71 a week.

Thanks

Hi kv,

Don't worry about asking questions !

We fully understand how complicated ESA can be and will do our best to help within the remit of the forum.

Firstly, I am rather concerned by the following statement from your post :

"Sorry for having to ask ,but I want to make sure I have this MR right as I have lost money from IB and IS changing to this ESA approx. £71 a week."

If you were previously in receipt of IB with IS top-ups, as you have been successfully transferred to ESA (in the WRAG) you should be receiving no less than you were receiving previous to your transfer to ESA.

This is known as Transitional Protection :

What will I be paid?

On the premise that your personal or financial situation has not changed since the transfer to ESA, you should be receiving the comparable amount of benefit as Contribution Based (CB) ESA with Income Related (IR) ESA top-ups :

What will I be transferred to?

If any part of your ESA is IR ESA, there is no 365 days rule for payment in The WRAG :

12 Month Limit for ESA(CB)

To answer your other query, Yes, e.g. you could mention that you feel that you qualify for The SG under Activity 1, The Mobilising Descriptor as seen in the link that I have previously provided to : The SG (LCWRA)Schedule 3 Descriptors.

Please note that none of The SG Descriptors are points based.

Points are only relevant with : The WRAG (LCW)Schedule 2 Descriptors , where you must score a minimum of 15 points cumulatively across all/any of The WRAG Descriptors to be placed into The WRAG. (Which you are already in)

You will see that some of the WRAG Descriptors that score the maximum 15 points correspond to some but not all of The SG Descriptors.

You only have to qualify under any one of the SG Descriptors to be placed into The SG.

You should therefore reference any of the SG Descriptors that you feel that you may fulfill.

Reference your medical evidence that confirms your conditions, then the limitations caused as a result of the medical conditions, then tie in the limitations with the relevant descriptor/s.

So you may state that you feel that you qualify for SG Activity/Descriptor 1 (for example) then state that due to the medical condition xx, the resulting limitations would preclude you from walking/self propelling a manual wheelchair unaided because you suffer, etc, etc, etc.

Remember, to be classed as being able to carry out any of the SG Activities, you must be able to do so Repeatedly, Reliably and Safely for the Majority of the time(>50% of the time)

If you can't carry them out as above, then you should not be classed as being able to carry them out at all.

Any distance that you can "Mobilise" after the onset of Severe Pain, Discomfort or Breathlessness should not be counted.

Further, for SG Activities/Descriptors, not only must you be able to carry them out for the majority of the time, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From :

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

This is all covered in our ESA Claims Guide for Physical Medical Condition.

It would certainly do no harm for your partner or anyone else that knows how your limitations affect you on a daily basis to write a letter.

You should also consider ESA Reg 35, i.e. would there be a "Substantial Risk" to your health if you had to comply with WFI's or WRA whilst in the WRAG :

ESA Reg 35. (2) (a) & (b)

From :

ESA Reg 35 for entry to The SG (LCWRA)

You could pose this argument in addition to any of the SG Activities that you feel that you fulfill.

You would have to give details of how and why there would be "Substantial Risk" to your health.

bro58