Failed ESA medical.

G51shopaholic

To Keep dmg24 smarty pants happy

www.opsi.gov.uk

Employment and Support Allowance Regulation 2008

Again - it make worthwhile reading.

SimIsOnTheUp

G51,

Thanks for the link.

Kind regards

Sim.

dmg24

G51shopaholic wrote: »

To Keep dmg24 smarty pants happy

www.opsi.gov.uk

Employment and Support Allowance Regulation 2008

Again - it make worthwhile reading.

I am well aware of the Regs, you referred to the ESA Act, which does not exist.

The problem with referring people to the Regs is that, with no disrespect to any other readers, they are not easy for a lay person to understand (as demonstrated by your own misunderstanding ). It is much better for lay people to stick to the general guidance available, or at least ask for assistance if trying to interpret the Regs.

G51shopaholic

It must be very difficult being so smug all the time.

Instead of trying to get one up on someone placing information on this forum you could have been more helpful instead of your wee one liners.

As for "lay people"

I think if we can work out how to use a computer and surf the web - then we can read the Regulations after all the staff at the Benefit office I dealt with weren't trained up on the new Regulations at the time - and despite checking with their superiors i was still given the wrong advise.

Hence trying to help people by posting information on this forum.

SimIsOnTheUp

Thanks dmg24.

I'm in receipt of ESA, at the assessment rate, since having the DWP medical last Feb.

After 'failing' the Medical due to not enough points, I'm now awaiting an Appeal.

Is it correct, as suggested by G51 previously, that the DWP should be paying me the Work Related / Support group instead of the basic, assessment rate of ESA? (While I'm waiting for the Appeal to go through)

Any info would be most appreciated.

Thanks again,

Sim.

dmg24

G51shopaholic wrote: »

It must be very difficult being so smug all the time.

Instead of trying to get one up on someone placing information on this forum you could have been more helpful instead of your wee one liners.

As for "lay people"

I think if we can work out how to use a computer and surf the web - then we can read the Regulations after all the staff at the Benefit office I dealt with weren't trained up on the new Regulations at the time - and despite checking with their superiors i was still given the wrong advise.

Hence trying to help people by posting information on this forum.

You may be trying to help but your interpretation is wrong. That is far from helpful. stazi has given an excellent explanation of what your quoted Reg really means on the thread you started earlier.

Front line DWP staff are not expected to know the ins and outs of the Regs, they have the DMG to refer to. There is nothing smug about suggesting that lay people may have difficulty with statutory interpretation, it takes several years training to be able to apply the various rules.

dmg24

SimIsOnTheUp wrote: »

Thanks dmg24.

I'm in receipt of ESA, at the assessment rate, since having the DWP medical last Feb.

After 'failing' the Medical due to not enough points, I'm now awaiting an Appeal.

Is it correct, as suggested by G51 previously, that the DWP should be paying me the Work Related / Support group instead of the basic, assessment rate of ESA? (While I'm waiting for the Appeal to go through)

Any info would be most appreciated.

Thanks again,

Sim.

The DWP are correct, you should still be receiving the assessment rate only. However, if you are successful in your appeal, your enhanced rate will be backdated to Week 13.

SimIsOnTheUp

Thanks for the info!

stazi

I agree with dmg24 and disagree with G51.
As Mr Spock would say- It is illogical (Captain) for JCP to pay at anything other than the assessment rate whilst the ESA appeal is outstanding.

The ESA assessment rate is the same rate as JSA for a reason- to avoid all the paperwork for an ESA to a JSA claim when JCP can just carry on the same rate.

In addition, the following DMG memo confirms the assessment rate whilst an appeal is outstanding - the important bit is para 2-
http://www.dwp.gov.uk/docs/m-07-10.pdf

ENTITLEMENT TO ESA AFTER APPEAL MADE
Claimant treated as having LCW

2 Where

1. entitlement to ESA is terminated on supersession following a determination that
the claimant does not have LCW after application of the WCA and
2. the claimant makes an appeal against the disallowance and
3. the claimant submits medical evidence and
4. no claim for IS or JSA is made
the claimant can be treated as having LCW until a determination of LCW is made (see DMG 42201) while making and pursuing the appeal1, and can be entitled to ESA
without making a claim2. The claimant must also satisfy the other conditions of
entitlement as in DMG 41012, 41021 and 41091.

cit_k

The support group is where you are exempt from looking for work is it not?

The Work related activity group is where you are fit for work, but 'require help' to get work.

With IB you are either fit for work, or not.

Therefore the equivalent to IB would be the support group.

To get less than that would mean a downgrading of how your condition affects you.

If we take a success for someone who is unfit for work, as being they are placed in the support group, thats rather a low figure getting into that group...

Being put into the the work related group just means they still think you are fit for work, just with problems does it not...


So the amount of people passing the equivalent of IB under ESA is very, very low.