Forum Home → Discussion → Work capability issues and ESA → Thread
appealing against not being included in the support group after medical examination
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
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 .
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?
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!
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.
Jonny
Stop gigging!
My thoughts exactly Ariadne….only 58 yet so in the springtime of my life
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!!
well as i’m “only” 45 i shall consider myself to be nowt but a bairn
And I’ll be old enough to vote next week. So who should I vote for? Hmmm! Tricky one that.