Dreaded ESA Letter. Help!!!

smileytiger

My husband is in the WRAG and has been for well over 12 months - he's never has any contact from the jobcentre/DWP whoever about any kind of work interview or passage back into work...he's had 3 ATOS medicals..all say the same he could work if they could find him a suitable job - but no one has ever attempted to give him any kind of help or support to do so..i may be wrong but i thought that was the point of the WRAG??

Due to his medical condition ( he has cervical spine stenosis/spinal cord damage) some days he cannot walk or use his hands properly - some days he can & to be honest i don't think they know what to do with him

Oh well the joys of the system an all that;)

rogerblack

smileytiger wrote: »

My husband is in the WRAG and has been for well over 12 months - he's never has any contact from the jobcentre/DWP whoever about any kind of work interview or passage back into work.

There are three classes of main phase ESA - now.
There is the suppot group - who will not be expected to do any work related activity.
There is the work related activity group with a prognosis of over 6 months, and with a prognosis of 6 months and under.

If you've got a prognosis (this is sort-of the 'time to recovery') of 6 months or under, you may be called to take part in the work program 3 months before that date.

The prognosis is a date mostly advised by the 'health care professional' at your medical.

Muttleythefrog

moneysaverboy wrote: »

I'll certainly tell her about the requesting a statement of reasons for decision, and all evidence used for decision making as I don't know if she's aware she can even do that. Would be interesting to see how they've decided that she's going to be fit to work without even meeting her, they don't seem to base their reasoning on anything concrete half the time as far as I can tell.

Not sure what you mean about WFIs and Work Programme, or what the risk would be in appealing - I suppose you mean they could decide she doesn't qualify for anything? - Somehow doubt they could figure that one tho as she's got fibromyalgia and chronic fatigue syndrome, ibs, partial hearing loss and some other stuff I can't think of right now. I still can't work out myself how they think they're gonna get her into a position where she's able to work.

Actually, I wonder if they ever send people to this group and then someone there decides that they're NOT fit to work and they get moved into the other group - does anyone know if this occurs ever?

Yes.. if she has intention to challenge a decision she's going to need the evidence used to reach it and explanation of how decision was reached.. or it'd be like fighting blind really.

Regarding appeal.. yes always a risk.. that they could decide she shouldn't get WRAG or Support Gp... it's unlikely I'd say given the DWP awarded WRAG. But to get Support Gp she'd obviously have to appeal and make a case that a support group descriptor applies.... they're listed here http://www.tameside.gov.uk/esa/lcwra or that special circumstances apply (they're in the ESA WCA handbook http://www.dwp.gov.uk/docs/wca-handbook.pdf)

I just want to put into context as it may not be clear -regarding ESA.. the test isn't really of whether you can work or not.. it is a test against descriptors written into law... there's a set of descriptors for WRAG and if you score 15 points regarding them you get into WRAG. There's the Support Gp which you can get into if a descriptor for Support Gp applies. The WRAG effectively means there is 'limited capacity to work' and Support Gp 'limited capacity to work and takepart in work related activity'. WRAG.. work related activity group is misleading a term. The WFI (work focussed interviews) also might be misleading in description... I would say they're probably a chat about how a return to work might be managed... in my case I chatted about football because it was evident I wasn't going to be returning to work soon. So the WFIs are nothing to fear unless the act of travelling to them and sitting for an hour talking is going to be particularly distressing or difficult.... there'll be no being told to apply for jobs or being told to work. The Work programme is a new project set up by this government... some people in the WRAG might be required to attend it.

The reality is many people in the WRAG are never going to be able to work again. Regarding your last question.. probably not. The Work Capability Assessment (WCA)is driven by Decision makers at the DWP through formal WCAs. It's important to remember 'Not fit for work' doesn't really exist within the ESA setup... people in the Support Gp are often referred to as Unfit for work.. but that's a generic statement... the benefit assessment phase is qualified for usually by a sicknote declaring you're currently unfit for work or similar... but the main phase is driven by the descriptors... they're all that matters along with the special circumstances criteria. And sadly that can result is some unfortunate outcomes even if properly applied and assessed. As you typically get reassessed regularly on ESA there is a chance that in her next WCA she could be awarded Support Gp... might be worth looking at the descriptors and seeking out a supportive medical professional who can supply appropriate evidence (something to consider if appealing too).

Morglin

I've got no connection with it, so am not recommending this site for any reason, other than they do help a lot of people with in depth info and knowledge around the ESA process (and others).

It is a chargeable - approx £20 per year,- but you can dowload step by step guides which may be helpful, if you cannot find a professional (welfare rights) to help you.

http://www.benefitsandwork.co.uk/home

The ESA process can be simple and straightforward, and thanks to Prof Harrington, it is improving all the time (I think) - I went straight into Support Group ESA from previously IB without any sort of medical exam by the lovely ATOS lol - but I did supply a lot of medical stuff and reports from consultants and GP etc.,

Make sure you do that - and send copies of whatever you send to ATOS to the Benefit Delivery Centre, which sent the letter. (Ignore them saying 'only send to ATOS' - works better to send to both )

Send them both by recorded or special delivery.

Lin

moneysaverboy

blimey, ta for all that muttley, I'm gonna print it all out and take it to her when I go over in a couple of days so she can read it when she's able. I think part of the problem is that if you've got any sort of illness where stress makes it worse, or where filling in the forms and gathering all the documentation etc. that you need is hard for you to do, you're screwed really. I mean she's an inteligent woman, but I can see sometimes when I'm visiting just how tired she gets just from chatting for an hour or so while being sat in a comfy place, so trying to put together all this sort of thing must be such an effort, and of course it also makes you focus on all the negative aspects of everything as well which isn't good for anyone.

That limited capability info page is interesting - it doesn't cover any aspects of an illness like hers where you can do stuff, but in a very limited way because of lack of energy and pain. It's almost as if they're focussed only on the obvious physical elements of any form of ill health or disability, and don't take into consideration anything else.

smileytiger

rogerblack wrote: »

There are three classes of main phase ESA - now.
There is the suppot group - who will not be expected to do any work related activity.
There is the work related activity group with a prognosis of over 6 months, and with a prognosis of 6 months and under.

If you've got a prognosis (this is sort-of the 'time to recovery') of 6 months or under, you may be called to take part in the work program 3 months before that date.

The prognosis is a date mostly advised by the 'health care professional' at your medical.

Thanks for that - that's never been explained to us - my hubby won't ever get better - there's nothing else the neurosurgeon can do other than the spine replcement operation he's already had (we have letter to this effect) so how is is now is how he'll be for life.