ESA work capability question

flight747

Already request a copy of medical report, DWP will sent it out for me. They say I will getting £155.15 per week from 14/12/11 until 10/12/14 and it stated no need to attend return to work focus interview and no need medical certificate and they will write to me in December 2014 what to do next.

Muttleythefrog

Katykat wrote: »

An update. Well, I sent for my preboard report and was pleasantly surprised by most of it, but also a bit bewildered. In the "Sitting and Standing" category, the Dr has ticked the box which comes out as " cannot, for the majority of the time, remain at a work station either standing or sitting for more than an hour before needing to move in order to avoid significant discomfort". This could be interpreted that I could stand for up to an hour and so would not accrue any points. However, on the next page - under the heading of behaviour Observed During Assessment - he states that he observed that" I needed to rise from sitting after 20 minutes and I had to sit down after 1 minute of standing with some difficulty". These 2 comments seem to contradict each other. although I assume that the first comment is a tick box question and the 2nd has been freetext. He has also commented in the Prognosis column that a return to work is unlikely for at least 2 years because the history and examination indicate that I am unlikely to return to work in the longer term.
I posted a letter today to point this out to the decision maker. however, in the post today I have had a letter from DWP telling me that my ESA is continuing and i have been placed in the WRAG. Also a separate letter informing me that when the new welfare changes come in, I will no longer be eligible for contribution based ESA.
My questions are 1. As my letter does not inform me of the scores I received for each activity, I dont know which comment they have taken into account. I have other problems apart from the standing issue so I am assuming that I scored more than 15 anyway, but am i entitiled to know what my scores were? I would have thought that based on the Drs 2nd comment and on his prognosis, that I may possibly have been placed in the Support group. Which leads me to Q 2. If I appealed and went into the SG, would I then still be entitled to ESA when the welfare changes come in? Or will the 12 month limit still apply?

Sorry.. not entirely with it today. But it seems you may already be able to see the points that ATOS recommended... the points may not be expressed.. but you can check the descriptors selected against http://www.tameside.gov.uk/esa/wca

Perhaps asking for a statement of reasons for the decision might reveal further information you seem to seek.. not sure. Support Gp is specifically qualified for via the SG descriptors(http://www.tameside.gov.uk/esa/lcwra) or some special circumstances being found to apply. (only one need apply).

Contrib based ESA for WRAG is being restricted to 1 year... after which you might be entitled it IR ESA WRAG.. that'd be determined by means testing. I understand that if in the S.G. then the 1 year limit to contrib based ESA does not apply.

You could appeal the decision to place you in WRAG... but I'd strongly advise you do so only if you're fairly confident you could show at least one S.G. descriptor applies.. preferably with documentary medical backing (i.e. letter from someone involved in your care as to why it applies) as there is a chance you could be found not entitled to ESA WRAG or Support Gp... unlikely though that is.

But important I think it is to restate given what you've said is that S.G. is qualified for by S.G. descriptors. You could score a hundred points in the LCW test and be given a lengthy prognosis.. yet still not be eligible for S.G. It is therefore in my view of little value you challenging much of the report from what I can see.. as it relates to the WRAG descriptors... you'll need to show a S.G. descriptor applies... the report only really I'd look to challenge if it recorded facts that would undermine a claim of a particular support gp descriptor applying.

It is worth remembering too that you will be re-assessed in future and you may feel you could at that time make a big effort to demonstrate S.G. criteria is met.

Cpt.Scarlet

Muttleythefrog wrote: »

Contrib based ESA for WRAG is being restricted to 1 year... after which you might be entitled it IR ESA WRAG.. that'd be determined by means testing. I understand that if in the S.G. then the 1 year limit to contrib based ESA does not apply..

To be precise, time in the SG does not count towards the 365 day limit, being in the SG doesn't exempt you from the time limit.

Katykat

Cpt Scarlett- I dont quite understand your reply. Do you mean that if i get changed from Wrag to SG, then I will still lose ESA after 1 yr?

flight747

No, placed in the support group doesn't limit you 12 months only. There is no time limit. The letter will tell you how long on the support group for.

Sixer

Katykat wrote: »

Cpt Scarlett- I dont quite understand your reply. Do you mean that if i get changed from Wrag to SG, then I will still lose ESA after 1 yr?

No. It means that whatever time you spent in the WRAG is counted towards a 365 day limit but the time you spent/spend in the Support Group won't increase it.

Cpt.Scarlet

Katykat wrote: »

Cpt Scarlett- I dont quite understand your reply. Do you mean that if i get changed from Wrag to SG, then I will still lose ESA after 1 yr?

The legislation, which is not yet law and still subject to change, counts the number of days someone receiving ESA(CB) is in the WRAG, anyone who has spent more than 365 days in the WRAG will lose their entitlement to ESA(CB), although they may still qualify for ESA(IR), subject to the associated means test.

Days in the Support Group do not count towards the total, so anybody in the SG who has spent less than 365 days in the WRAG will continue to receive ESA(CB).

There are no exemptions to the WRAG rule, so even if a claimant is now in the SG, they should expect to lose their ESA(CB) if they have already spent 365 days in the WRAG.

Katykat

Cpt scarlet, this loooks as if it means its not worth appealing. In April I will have completed 2 yrs on ESA (CB) and I wont qualify for income based ESA. I've looked for information about this but cant find it. Can you specify the documentaion where this information is taken from. Not that i disbelive you, but if this is true, then I may not bother sending an appeal in.

Cpt.Scarlet

You can read the Welfare Reform bill at http://services.parliament.uk/bills/2010-11/welfarereform.html you want clause 51. There has been a lot of misleading statements by MPs and the DWP, but it was confirmed by Lord Freud in the Lords committee meeting for the bill, and I believe CPAG have also confirmed it as their understanding.