Advice on lodging an appeal against WRAG decision

After sending my ESA Form in at the turn of the year, I finally got a response in early May saying I was to be put in the WRAG group. My GP, Consultants and I all think this is ridiculous as I've not even been assessed and have been in receipt of INCap for over 9 years. Now aged almost 60 with Fibro/ME and severe Muscular Skeletal problems which they have been supporting me with all this time they seem to think I can get a job. No one even wants me as a volunteer and even the Pilates Teacher won't take me on with so many problems. I'm on a right cocktail of drugs making me very zombie like and even then am in accute pain all the time - lined up for three ops - how can you get them to realise I should be in Support. My GP and Consultant are more than prepared to back my appeal and even feel I should now go for more. Thinking of seeking the help of CAB but am almost put off by other peoples experiences, so what next. Its really worrying me and making me even less able to sleep so what next as time is running out. HELP!

11 Replies

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  • Hi marros, I think that giving the CAB really would be worthwhile, despite some of the stories out there, there are occasions on which the CAB can be good and I personally think a lot depends on where in the country you are. I know there is another group called DIAL, I will try and look that out if I can't find it and post the link later. I know this probably isn't what you wanted to hear, but I can only go on my own experience and mine was a good one with the CAB. Foggy x

  • I'll try CAB first and then go to a Welare Rights Advisor.

  • Personally I haven't found my local CAB to be very helpful regarding my own appeal. However I recently contacted Welfare Rights and can't speak highly enough of the gentleman I spoke with.

    I have contacted the too late for them to attend the tribunal hearing with me, but have been given lots of advice. I only wish I had contacted them sooner.

    I would definitely recommend that you find the telephone number of your nearest Welfare Rights, and give them a ring

    Good luck

    Em

  • I'll give that at try - thanks.

  • Hi

    I know this is very very stressful, however, it is important that you go to the Tribunal. You might not be able to have a CAB person there, however, you can take a friend/carer as a support and witnesses too. Get letters from your doctors and make sure you send them before the hearing as well as any other evidence.

    I had to attend a DLA Tribunal and I did it on my own.... it was stressful and I had to go 3 times as they weren't ready for me the first two times! (Long story)... I was very thorough in my preparation and went through the list of reasons they'd given for not giving me DLA one by one and provided proof/evidence that they were wrong.

    I know you are looking at ESA not DLA, but the system is very similar. Just be methodical, get evidence and support. Remember, it's like when you did your O levels.... They can't read your mind so YOU need to make sure they have all the facts.

    I got Higher rate care and mobility, back dated for almost a year and consequently my husband got Carer's Allowance back dated too. The Tribunal members were professional and clearly knew their stuff, but they did their best to put me at my ease and the setting (even though it's officially a court!) is in a room with a desk, you sit with your supporter and your witnesses come in one at a time.

    Good luck!

    Venetia

  • This is heartening and I'll keep fighting as my husband also took EVR to look after me

  • Hi Marros..I hope it is okay for me to share this.....for any advice with your esa etc please visit the page on Facebook called Fightback. It is run by my friend who has just been made redundant from cab but she is a benefits advisor and trainee lawyer. There are so many pieces of legal advice from DLA,debts and parking fines. she will visit if distance is within reason or help over the phone you can also Private message her on FB she has helped a lot of people win appeals over the recent weeks and has never lost a fight yet....it's worth a visit even just to check out all the advice she has posted including templates for for letters etc..Good Luck..Dee x

    facebook.com/pages/Fightbac...

  • Sorry I don't do Facebook but would be pleased to hear how to get in touch.

  • Michelle is in the process of completing her website which should be up and running sometime this week or you can email at msclegal@live.co.uk and mention I've put you forward...she is based in Manchester but is prepared to travel..if it's face to face advice there is a freephne : 08006129207..any problems with it just let me know...Good luck again x

  • Thanks everyone for your help and ideas. I intend to give it a good try and fight for my rights - if they would only refer back to my last interviews, medicals and written evidence they would see the problems have been getting worse in the last nine years and are not going to go away only more deterioration.

  • It is important to appeal; the DWP are using the statistictsof those who can't face it and don't appeal to bolster their 'scroungers' theory, basically, if you don't appeal you get labelled with the Bg S.

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