I have MS, am on benefit, and am just a few years short of retirement age.
Last year, after successfully appealing against ATOS’s decision that I was fit for work, I was put into the Work Related Activity Group where I am, supposedly, being prepared for my return to the workplace upon my eventual ‘recovery’ from MS ('Recovery? - I wish! - Utterly ludicrous, but there it is).
It has been suggested to me by friends that I should ask the DWP assessor to look again at my case with a view to transferring me into the Support Group.
Now, whilst this may be a good idea, I fear that rocking the boat could result in a move in the wrong direction.
Would I then be right back to square one, declared fit for work, and now with no further avenue of appeal? Could it trigger a new ATOS assessment and the whole accursed process start again? Or, if the DWP assessor turned my application down, would I just be left where I am now?
I intend to ask these questions at the CAB, but meanwhile: has anyone any personal experience of this? If so, I would love to hear about it.
Getting into the support group can be important if you are not able to claim income related ESA. In the WRAG contributory payments only last 12 months. If your payments stopped after a year then I can understand the need to try for the support group. If you are able to claim income related you have to weigh up if it is worth the hassle.
You are not able to appeal the original decision because the time limits are passed. What you would need to do would be to ask for a supersession on the basis that your condition has deteriorated since you filled in the ESA50. You need to be able to show that you now meet the criteria for the support group. It is no good submitting the same information that you did before because that already went to appeal and got you in the WRAG. You must demonstrate – not that the decision makers got it wrong last time but that you are now worse.
If the application for superssession is unsuccessful it can be appealed. It should not put your WRAG situation in jeopardy because you are not questioning the original decision to award 15 points you are saying that in at least one of the support group areas you are now worse than before. It is very important if you have a NEW symptom/condition that you describe this fully.
There does not seem to be a form (like the GL24 for appeals) so I would apply in writing to your local DWP stating that you wish to ask for Supersession of your ESA on the grounds that your condition has deteriorated. Outline the support group criteria that you now meet.
Before you do this I would try to gather some medical evidence from your GP and/or consultant who will back up the fact that you are worse.
i was in WRAG i did the apts & then point blank told the lady my issues (i am a prude) but i was graphic & red with embarrassment on the phone to DWP saying i want to appeal i never let her get a word in saying excuse me i haven’t finished explaining & over the phone they agreed i should be in support & did it there & then , i felt degraded & embarrassed but it worked i hope they see sense for you too mate
Sheep: You seem to have your own somewhat non-conventional method of doing things, but hey - it worked! Well done.
Jane: Happily, my condition hasn’t really worsened since my appeal (about six months ago) so, from what you say, it doesn’t sound as if I’d get very far. However, I’ll discuss this with a CAB advisor and give it some more thought - I don’t believe in acting in haste.
Its a bit of a sticky wicket. You went to appeal and they made a decision. I suspect that submitting the same information would get you nowhere. However - a lot hangs on how you describe things. It may be that your original submission can be enhansed by describing your condition in the “correct” way. You can ask to see the results of your medical/appeal ad see exactly where the 15 points were awarded. This will give you a starting point. You may not be actually worse but you may be worse than they think you are - if that makes sense. The CAB advisor will tell you how to get the results of your appeal and you can take it from there.