Are You Thinking Of Appealing From WRAG To Support Group?

If so, please read this from Fightback.

Word of warning if you are thinking of appealing from WRAG group to Support:
Many JCP advisors are now telling customers that they shouldnt be there and should be in support group. The problem with this is that the courts are very reluctant to put someone into support group without much proof of their illness. There is nothing wrong with asking the decision maker to look again at your claim, but it could firstly trigger another ESA50 and medical, with different results than last time, if you managed to get into the wrag group.
If you decide to take this further to the tribunal, please be aware that the way the court WILL substitute the original DWP decision with their own decision which could see you with less points, and found fit for work if you dont have enough medical evidence to substantiate your claim.

Just remember that, you NEED to show you are not fit for work related activity, so if you only have to attend an interview once a month or less I would seriously think about the implications if you are found fit for work, remember there is now no appeal rate at first, if you dont fit neatly into one of the descriptors for the support group criteria then do your research and use our template letters for the consultants and GP on the forum.

Qualifying for the support group of employment and support allowance (ESA)is not about scoring points. Instead, if the decision maker accepts that any of the following descriptors apply to you, then you will be placed in the support group.

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

2. Transferring from one seated position to another.
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.

3. Reaching.
Cannot raise either arm as if to put something in the top pocket of a coat or jacket.

4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).
Cannot pick up and move a 0.5 litre carton full of liquid.

5. Manual dexterity.
Cannot either:
(a) press a button, such as a telephone keypad or;
(b) turn the pages of a book
with either hand.

6. Making self understood through speaking, writing, typing, or other means normally used.
Cannot convey a simple message, such as the presence of a hazard.

7. Understanding communication by—
(a) verbal means (such as hearing or lip reading) alone,
(b) non-verbal means (such as reading 16 point print or Braille) alone, or
(c) a combination of (a) and (b),
using any aid that is normally, or could reasonably be, used, unaided by another person.
Cannot understand a simple message due to sensory impairment, such as the location of a fire escape.

8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.

9. Learning tasks.
(a) Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.

10. Awareness of everyday hazards (such as boiling water or sharp objects).
(a) Reduced awareness of everyday hazards leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions,
such that they require supervision for the majority of the time to maintain safety.

11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

12. Coping with change.
(a) Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

13. Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

15. Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to
convey food or drink to the claimant’s own mouth without receiving —
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.

16. Chewing or swallowing food or drink.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant

You can be automatically treated as having a limited capability for work-related activity if you are:

suffering from a progressive disease and consequently your death can reasonably be expected within six months.
receiving treatment by way of chemotherapy or radiotherapy (or are likely to receive such treatment within 6 months), or you are recovering from that treatment and Jobcentre Plus is satisfied that you have a limited capability for work-related activity.
suffering from some specific disease or bodily or mental disablement and consequently there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work-related activity. (regulation 35)
pregnant and there would be a serious risk to the health of you or your child if you did not refrain from work-related activity.
How the work capability assessment is applied
In order to apply the tests for limited capability for work and limited capability for work-related activity a decision maker will first look at the information that you have provided in your initial claim for ESA to see if you pass these tests without the need for further enquiries.

If the decision maker considers that there is not enough information to make a decision you will normally be sent Limited capability for work questionnaire (ESA50) to complete. This form has a number of questions about the activities listed above. Each activity has a section with tick-boxes and space to provide more detailed information about each activity. Michelle