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From SG downgraded to WRAG

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11 years 10 months ago - 11 years 10 months ago #108903 by Honeybear
From SG downgraded to WRAG was created by Honeybear
Just phoned DWP to see if a decision had been made about my renewal of ESA. Had my medical on 18 july and thought it went ok. The Guy I spoke to informed me the I've been placed in the wrag group for 2 years. Thing is, when I filled my ESA50 in, I supplied the same medical evidence which I supplied in 2010 when I was put in the support group without a medical. I know things have been changed with the ESA desciptors, but I feel I should still be in the support group on the walking "less than 50m without severe discomfort or exhaustion". Not sure what to do. One part of me wants to appeal, the other part of me is terrified.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108904 by Gordon
Replied by Gordon on topic From SG downgraded to WRAG

Honeybear wrote: Just phoned DWP to see if a decision had been made about my renewal of ESA. Had my medical on 18 july and thought it went ok. The Guy I spoke to informed me the I've been placed in the wrag group for 2 years. Thing is, when I filled my ESA50 in, I supplied the same medical evidence which I supplied in 2010 when I was put in the support group without a medical. I know things have been changed with the ESA desciptors, but I feel I should still be in the support group on the walking "less than 50m without severe discomfort or exhaustion". Not sure what to do. One part of me wants to appeal, the other part of me is terrified.


First a quick point, apologies if you are already aware of this.

It is not a walking test, but a mobilising test which in addition to looking at your ability to walk, also considers your ability to propel a manual wheelchair over the same distances, so even if you can only walk 5m, if you could reasonably be expected to propel a wheelchair over 200m, then you will not score points.

Whilst it is not impossible for a claimant to lose their SG status due to the January changes, it is more likely that they would only lose points, so you need to find out why the Decision is different this time.

ESA medical – what forms to ask for?

If you believe you still meet the SG criteria

Qualifying for the Support Group

Then you can appeal

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

You might want to have a look at our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 10 months ago - 11 years 10 months ago #108905 by MariW
Replied by MariW on topic From SG downgraded to WRAG

It is not a walking test, but a mobilising test which in addition to looking at your ability to walk, also considers your ability to propel a manual wheelchair over the same distances, so even if you can only walk 5m, if you could reasonably be expected to propel a wheelchair over 200m, then you will not score points.-
Gordon


Hi Gordon,

What if an upper limb or spinal problem impairs mobilisation via manual wheelchair? This must be reasonably common.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108906 by Gordon
Replied by Gordon on topic From SG downgraded to WRAG

MariW wrote: Hi Gordon,

What if an upper limb or spinal problem impairs mobilisation via manual wheelchair? This must be reasonably common.


If the claimant can show; for primary problems such as spinal injury, arm or hand problems, secondary problems such as heart issues or exhaustion, or practical issues such as they live in a flat with no stairs and could not carry a manual wheelchair, then the usage of a wheelchair should be discounted.

But you cannot assume that the ATOS assessor or the DWP Decision Maker will make these connections so it is essential to make it clear on the ESA50, with evidence where possible, that their usage of a manual wheelchair is precluded.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 10 months ago - 11 years 10 months ago #108907 by Honeybear
Replied by Honeybear on topic From SG downgraded to WRAG
Thanks Gordon, I need to ask for the medical report. In the meantime if I wait for the report to be send to me, which will take a few days, is there any harm to send GL24 appeal form in as I could not propel a manual wheelchair as the disease I suffer from also badly affects my armpits.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #108908 by MariW
Replied by MariW on topic From SG downgraded to WRAG

"If the claimant can show; for primary problems such as spinal injury, arm or hand problems, secondary problems such as heart issues or exhaustion, or practical issues such as they live in a flat with no stairs and could not carry a manual wheelchair, then the usage of a wheelchair should be discounted.

But you cannot assume that the ATOS assessor or the DWP Decision Maker will make these connections so it is essential to make it clear on the ESA50, with evidence where possible, that their usage of a manual wheelchair is precluded.

Gordon


Thank you! :) MW
Last edit: 11 years 10 months ago by . Reason: Fixed quote

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