Bud wrote: Hi Gordon I have just noticed in my appeal bundle they have not enclosed the ESA56
is this relevant as Iam appealing wrag to support group
To be honest it is impossible to say, there are no requirements defined in legislation and the DWP appear to have no internal procedures that define what documentation needs to be completed in regard an ESA Decision.
We have had examples on the forum where it has been completely impossible to identify what descriptors and/or regulations that a claimant has met to be placed in the WRAG, all that the DWP have been able to say is that they must have met the criteria, or they would not be in the WRAG in the first place.
Some Tribunals have taken a stance on this, but they seem to be in the minority.
As is usually the case, the failure of the DWP or ATOS to properly document why a claimant does not meet the criteria for ESA, by finding them Fit for Work or placing them in the WRAG, does not mean, conversely, that they do meet the criteria, this is still down to the claimant to prove.
Gordon
