ESA-work related activity group?

dmg24

badboyjock01 wrote: »

thanks for that, my friend seems to think that it was only 3 months but thanks for clearing that up for me

No problem ... The three months rule is for backdating new claims.

badboyjock01

hi everyone well things were going along just fine until i got the esa medical report today and guess what i failed, along with the other 75 % that failed .i got in contact with esa today and asked for my report which she was happy to give me then i asked her about the answers i gave to the doctor and what i have said but there is no recollection or notes for what i said.for example ;she asked me how far could i walk without stopping and i told her approximitly 50 mtrs also i told the girl that i could not bend over to touch my knees which she saw for her own eyes but the report says i have no problem bending and squating,i am now going for my appeal is there anything more i need to know for the appeal thanks

andyandflo

babyhead wrote: »

I'm *very*confused by the whole ESA process.

I've got a work focussed interview next week and someone from jobcentre is ringing me tomo about this. I received a letter yesterday though saying that i had been placed in the "support group".

I've not had a medical yet. I have sent in docs certs though and filled in that massive medical form. I guess if they want another cert they will ask? I work from home 13 hrs per week under permitted work and have filled a form in for this as well.

I guess from info i've seen, i'll go for my interview and that will be it for 3 years then? Unless they decide i have got to go for a medical still. The job centre didn't really seem to know the process either. It's all soo confusing!! But I guess they have all my info and they should know what they are doing!! I've haven't told any porkies - so i'm not going to worry about it.

Sorry for hijacking BTW but hope its useful ?

Hiya, I'm a little bit confused over this. I see that you are working from home for 13 hours pw and presumably earning less than £93 pw. I would presume that those earnings are taken into account if you are on income based ESA? If not then, this is no different than having a job that pays cash in hand whilst claiming benefit because you say you are too sick to work!
If you are able to keep that money does the same apply if you are on contribution based ESA?

If on the other hand you find it possible to work for 13 hrs every week, does your illness come and go when there is work to do?
This seems a little contrived to say the least, and you hoping to be in the Support Group - you're having a laugh!!!

wakeechee

I have had the medical and are now getting all my disability benefits but on a work related activity group but my disabilities really should see me in the support group.

I get the highest rate DLA and Mobility but scared if I am on a work related group will affect my DLA if there are new rules with the DLA next (I get phone calls re the work related group)

I have not had a letter via ATOS though just my benefits confirmation letter.

NASA_2

ATOS wont send a letter. They don't make decisions.

alfchild

I have had 2 strokes, hole in the heart (found recently which have probably caused this) and I was put in the work related group - had to stop work november last year due to 2nd stroke. My consultant laughed at this and has said it is impossible for me to return to work - he told me to tell the DWP that they would have to contact him to confirm this as he cannot write a 'open' letter stating this. But they won't say as long as I'm getting paid don't worry about it.

wakeechee

Thank you both for your replies:beer:

rogerblack

sharski wrote: »

Molly41 - if you have attended all 6 of your WFIs, you will not be required to attend another mandatory interview for 3 years or if you pass another medical (whichever is sooner). As for your ESA - you will remain on it until your either declare yourself fit for work or you fail a medical....

Happygolucky - if placed in the 'work related group' you will be required to attend a series of 6 appts (as mentioned above) as part of your claim. If you are struggling with your health, your adviser can 'defer' any of these appts for a short period of time. However, no adviser can over-rule a decision about which group you are placed in, so they will only 'put off' your interviews but you WILL have to attend - very, very, very few people end up in the 'support group' because there are very, very, very few people who can do 'no work' at all.

The above isn't really correct.
The full rules are in http://www.dwp.gov.uk/docs/dmgch53.pdf

In short.
36 months is a hard maximum. They have to schedule new WFI at this time.

See dm52031 in the above.
'events that will trigger a WFI'.

Among these are 'a repeat medical assessment' - and I understand that very few people, even those with conditions unlikely to improve are given medicals at a spacing of more than 12 months.

This is also overruled by 53024 - they can require you to go for WFI even if the above conditions are not met.

You remain on the basic rate of ESA, and the WRAG component (25/mo) is cut, if you do not attend WFI.

merlyn2003

If you are dissabled and suffering Mental health issues any employer MUST have special Employee Liability Insurance to cover you and you must be named on the policy with a full description of your problems and medical reports from your Doctor and the employer must obtain reports from a certified Occupational Health Service.
Failing to supply these doccuments will invalidate their Employee and Public Liability Insurance.
This would be concidered a excessive abuse of Insurance and would result in the cancellation of their company policy, it is almost impossible for a company to obtain insurance if they abuse their provider.
It's not a big issue for a small shop as they would just enter administration.
If you were employed by ASDA or TESCO it would be a much bigger issue if they lost their insurances.
It's not a big deal for a insurance company to drop them as they would easily pick up business from their sucsessor.

merlyn2003

For each employee that suffers from a MENTAL illness that is likley to be affected by work or an individual that is likley to suffer injury because of a mental incapacity I have looked ONLINE for providers of Public Liability Insurance for Business and Employee Liability Insurance.
Employee Liability Insurance would increase for each employee that has a mental incapacity and the cheapest adjustment PER EMPLOYEE is £49,990PA that is with a company that only provides insurance to companies that employ 100,000+
I have not been able to find an insurance provider that will insure a person with a Mental incapacity to work with the public! I have TRIED I have even contacted a number of them by E-Mail and they have replied in chorus that they would have to conduct a full assessment of the individual before providing a quote & that it would in all likleyhood be prohibitivly expensive even for multinationals!
I should add that the quotes are based on the individual working a maximum of 16 hours per week under qualified supervision.
All employees of the business are REQUIRED to pass the ENHANCED CRB to continue working with a vulnerable individual! IT IS THE LAW!!
Remember NO WIN NO FEE!
Put simply to employ 1 individual for 16 hours per week at minimum wage earning a maximum of £5058.56 before tax, an employer would have to pay insurance of aprox £100,000PA, medical assesments that would be conducted by private organisations required by their insurers costing aprox £500pcm, conduct an assesment of their physical and mental needs before and after each shift, employ a qualified individual at a price relative to their experience and qualifications and to shadow and supervise the individual and leaise with numerous government departments!
Even simpler! If an individual works on a voluntry basis in a shop the insurance liability would be a minimum of £100,000 for that organisation, if the manager of that shop failed even once to complete a "Risk Assesment" before a shift that insurance would be invalid! (https://www.volunteering.org.uk)