× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

appealing against not being included in the support group after medical examination

johnny
forum member

money advice, midland heart HA, birmingham

Send message

Total Posts: 39

Joined: 8 July 2010

my clent who is elderly and very frail has been placed into the work related activity group and not the support group as i hoped/expected.  i’m presuming that i can appeal against this decision? if so, i will do as she really is not fit for work and cant walk more than a couple of steps without her frame and even then only with an awful lot of huffing and puffing

but i wonder;  if my client were to attend work related interviews in accordance with being in the WRA group, if a member of DWP staff conducting such an interview also thought she should be in the support group, can that be implemented? or has once the decision on which group a claimant is placed in has been made, can it only be changed upon appeal?

many thanks

SueLov
forum member

Welfare rights officer - Cornwall Council

Send message

Total Posts: 32

Joined: 22 June 2010

The decision to award ESA and place claimant in WRAG can be Appealed . Although you should always be mindful of the usual health warning ,  if confident claimant has sound case I would approach it in the normal way ie : firstly , Reg 34 (for LCWRA) - identify the descriptor(s) from Schedule 3 for that apply to claimant (remember only need one to pass the test ) , supply any evidence that is available to support your case and then secondly , in case DM decides against claimant , take a look at Reg 35 ‘Exceptional circumstances’ esp. ‘substantial risk’ ie : can claimant be ‘treated’ as having LCWRA .

Ruth_T
forum member

Volunteer adviser - Corby Borough Welfare Rights & CAB

Send message

Total Posts: 313

Joined: 21 June 2010

As with any decision that has been appealed, it is open to revision at any time up to the appeal hearing.  However, bear in mind the health warning noted in the previous post.

In this area, after the first WFI, the claimant never sees anyone at the Jobcentre again, as all the WFIs are done by contracted welfare to work providers.  Contractors can make recommendations to decision makers, but in practice they rarely do.  Why should they when they are being paid to conduct WFIs?

Ariadne
forum member

Social policy coordinator, CAB, Basingstoke

Send message

Total Posts: 504

Joined: 16 June 2010

What do you mean by “elderly”? She can’t be more than 61 if she isn’t old enough to get pension credit yet. That’s younger than me and I’m still middle-aged!

johnny
forum member

money advice, midland heart HA, birmingham

Send message

Total Posts: 39

Joined: 8 July 2010

Ariadne - 24 January 2011 06:25 PM

What do you mean by “elderly”? She can’t be more than 61 if she isn’t old enough to get pension credit yet. That’s younger than me and I’m still middle-aged!

whoops, no offence meant. she’s actually only about 56 but she’s as frail as someone much older and just seems a lot older than she is. i was surprised she wasnt old enough to claim PC when i first met her.

P.E.T.E
forum member

Head of Welfare Rights at Barnsley MBC.

Send message

Total Posts: 104

Joined: 17 June 2010

Jonny

Stop gigging!

suelees
forum member

Social Welfare dept, Stephensons Solicitors, Leigh

Send message

Total Posts: 84

Joined: 21 June 2010

My thoughts exactly Ariadne….only 58 yet so in the springtime of my life

Pete C
forum member

Pete at CAB

Send message

Total Posts: 556

Joined: 18 June 2010

Hear hear,


I’m 54 but my as my wife occaisonally accuses me of being exceptionally childish I don’t think I’m even middle aged yet!!

johnny
forum member

money advice, midland heart HA, birmingham

Send message

Total Posts: 39

Joined: 8 July 2010

well as i’m “only” 45 i shall consider myself to be nowt but a bairn

nevip
forum member

Welfare rights adviser - Sefton Council, Liverpool

Send message

Total Posts: 3137

Joined: 16 June 2010

And I’ll be old enough to vote next week.  So who should I vote for?  Hmmm!  Tricky one that.