ESA - need help please.

lizimuffin

I need a bit of help. Aplogies for the long post!

My Mum currently gets HRM DLA and HRC DLA, she was going to apply for income support to up her income, but they told her she had to apply for ESA instead. She has filled in the forms, sent her letter from the doctor with all her ailments on it (osteo-arthritis {so bad she can't walk without needing to rest for more than a few minutes} hyperthyroidsim {for which she takes 300mg thyroxine a day, as she basically no longer has a thyroid gland}, varacose ulcers, depression, spondylitis).
The doctor has told her there is no way she can go back to work as she has too many things wrong with her.
She is absolutely terrified of the medical (she didn't have one for the DLA, they just accepted her on the basis of the form and GP report)

She has read the guidelines for the people that do the medicals and one of the statements is that is somebody who can get themselves out of a chair and move to another chair has to go in the work focussed group. This is terrifying my mum, she has to get of chairs on her own as she lives alone, (unless soemone is there) it takes her about 15 minutes to stand up, with the aid of a walking stick, the chair and the coffee table and rocking herself to get some momentem going and has even wet herself because she cant stand up in time to go the toilet.

She is terrified that they are going to declare her fit for work, she really isn't due to all the problems listed above, she carried on with work as long as she could, but evetually the health problems got the better of her.

Anyone had any experience of this, or is she reading too much into it, does it depend on other factors aswell.

hrafndot

If you can, make an appointment with a benefits advisor for your mum. She will need an advisor who is experienced with ESA. The first place to try will be the CAB, or alternatively, the Council if they have a benefits advice section.

Incidentally, some doctors surgeries have benefits advisors, ask them.

First of all, she must send in her ESA application and fill it in correctly as advised by her CAB person. Next she will get the questionnaire from ATOS the advisor will show her how to fill it in, alternatively the DWP have telephone advisors, to fill in the ESA application but that will be more stressful for her and its not a route I'd recommend.

During this period she will have to attend interviews at Jobcentreplus, this will carry on during the initial period.

The DWP will send (via ATOS) a questionnaire; that is the important thing to get an advisor to assist with making sure the questionnaire is completed correctly.

This is the point at which you gather together every bit of evidence of your mother's condition(s) and send it to DWP, but be guided by the advisor. Don't try to complete the questonnaire on your own, unadvised.

It is entirely down to how well this stage is done as to whether she will be obliged to attend a medical, so take knowledgeable advice. Always take medical evidence along to meetings with the advisor. Best to photocopy it, just in case.

I would also ask your mum to speak to her gp about continence problems and make sure there is a letter on her file to this effect on her file confirming this.

There is nothing worse than feeling terrified, do all you can to help your mum and go with her, if you can, to the CAB interview to set your and her mind at rest. Its worth doing this well and thoroughly right from the start.

Always remember to stick to due dates and always copy everything that you send. Good luck.

Chorlie

Here is the details that the medical looks for with the Support Group

http://www.newcastle.gov.uk/core.nsf/a/wr_esadescriptorslcwra

sunnyone

lizimuffin wrote: »

I need a bit of help. Aplogies for the long post!

My Mum currently gets HRM DLA and HRC DLA, she was going to apply for income support to up her income, but they told her she had to apply for ESA instead. She has filled in the forms, sent her letter from the doctor with all her ailments on it (osteo-arthritis {so bad she can't walk without needing to rest for more than a few minutes} hyperthyroidsim {for which she takes 300mg thyroxine a day, as she basically no longer has a thyroid gland}, varacose ulcers, depression, spondylitis).
The doctor has told her there is no way she can go back to work as she has too many things wrong with her.
She is absolutely terrified of the medical (she didn't have one for the DLA, they just accepted her on the basis of the form and GP report)

She has read the guidelines for the people that do the medicals and one of the statements is that is somebody who can get themselves out of a chair and move to another chair has to go in the work focussed group. This is terrifying my mum, she has to get of chairs on her own as she lives alone, (unless soemone is there) it takes her about 15 minutes to stand up, with the aid of a walking stick, the chair and the coffee table and rocking herself to get some momentem going and has even wet herself because she cant stand up in time to go the toilet.

She is terrified that they are going to declare her fit for work, she really isn't due to all the problems listed above, she carried on with work as long as she could, but evetually the health problems got the better of her.

Anyone had any experience of this, or is she reading too much into it, does it depend on other factors aswell.

The rules are changing and soon the getting in/out of a chair wont matter, the DWP are going to assume you have a "vertual" wheelchair to make sure that more people fail the WCA so your mum needs to apply now, the rule changes will mean that instead of everyone who cant walk at all going into the support group they may be found fit for work and there are sweeping changes to other parts of the regs too, MH discriptors are also almost totally being rewritten which will again fail many who would now be in one of the groups.

I cant remember the date of the changes, I will find out or DX2 or ONW may know it without looking it up.

Chorlie

sunnyone wrote: »

The rules are changing and soon the getting in/out of a chair wont matter, the DWP are going to assume you have a "vertual" wheelchair to make sure that more people fail the WCA so your mum needs to apply now, the rule changes will mean that instead of everyone who cant walk at all going into the support group they may be found fit for work and there are sweeping changes to other parts of the regs too, MH discriptors are also almost totally being rewritten which will again fail many who would now be in one of the groups.

I cant remember the date of the changes, I will find out or DX2 or ONW may know it without looking it up.

I can't walk and I was placed in the WRAG

I thought the Walking rule was:


Walking or moving on level ground

Cannot -
a) walk (with a walking stick or other aid, if such aid is normally used);
b) move (with the aid of crutches if crutches are normally used);
c) manually propel the claimant's wheel chair;

more than 30 metres without repeatedly stopping, experiencing breathlessness or severe discomfort.

So since I can push my chair more than 30 metre I wasn't put in the support group, but a few years ago when I could still walk on my crutches I would of gone into the support group since I could only walk about 10 metres before stopping. So since my condition has gone worse and now have to use a chair, I'm placed in the WRAG.....

sunnyone

Chorlie wrote: »

I can't walk and I was placed in the WRAG

I thought the Walking rule was:


Walking or moving on level ground

Cannot -
a) walk (with a walking stick or other aid, if such aid is normally used);
b) move (with the aid of crutches if crutches are normally used);
c) manually propel the claimant's wheel chair;

more than 30 metres without repeatedly stopping, experiencing breathlessness or severe discomfort.

So since I can push my chair more than 30 metre I wasn't put in the support group, but a few years ago when I could still walk on my crutches I would of gone into the support group since I could only walk about 10 metres before stopping. So since my condition has gone worse and now have to use a chair, I'm placed in the WRAG.....

The vertual wheelchair will make crutch users fail the WCA, too many people were passing so the rules are changing to every claimants detriment.

I cant walk or self propel and that should have passported me to the support group on transfer to ESA but not once the rules change.

bertiebat

sunnyone wrote: »

The rules are changing and soon the getting in/out of a chair wont matter, the DWP are going to assume you have a "vertual" wheelchair to make sure that more people fail the WCA so your mum needs to apply now, the rule changes will mean that instead of everyone who cant walk at all going into the support group they may be found fit for work and there are sweeping changes to other parts of the regs too, MH discriptors are also almost totally being rewritten which will again fail many who would now be in one of the groups.

I cant remember the date of the changes, I will find out or DX2 or ONW may know it without looking it up.

According to this document http://www.ssac.org.uk/pdf/esa-amendment-regulations-2011.pdf the proposed date for implementation is April 2011. That document also contains the changed descriptors. This means IB claimants accessed before that date will be assessed on the old WCA I presume.

But there is an ongoing review based on the consultation that closed in Sept. http://www.disabilityalliance.org/wcaconsult.htm

I do wonder whether the outcome of that review will delay the implementation of the new WCA even further. They will need to make and test changes made to the computer software before the new system could be used.

hrafndot

I agree, it seems like a very short time within which to obtain the changes; they've allowed 3 months for the review, probably slowed up by the shock waves going on as a result of the spending review. Agreement and publication of the new Assessment will take more time.

Whether there will be equalities impact assessments done on these tests is moot. The revised LIMA software will have to be written and tested. There may be issues arising which lead to concerns relating to the testing equipment in the "medical" centres.

I think it is the equalities legislation which will by this time come into play. I don't think the disability legislation is sufficient to challenge this legislation.

I think that equalities legislation is already being used to challenge the spending review. I read that the Fawcett Society is requesting that this be put up for consideration for judicial review inasmuch as the spending cuts impose a disproportionate effect in the way it impacts on social groups.

So, we can wait and hope for a vote of no confidence which I think with this level of suffering, should I hope, not take too long to come about?