Frustrated over Invalidity benefit loss.

zaksmum

zzzLazyDaisy wrote: »

OP check out regulation 29 and 35, and ask your wife's consultants if she falls into these categories. If the medical consultants are of the view that being found fit for work (reg 29) or work related activity (reg 35) is likely to put her health at substantial risk, she should be found unfit for work.

There are NO questions or information on the ESA50 form relating to these descriptors, it is up to the claimant and/or their medical advisors to know about it and to make the relevant facts known to the decision makers.

More info here

http://blacktrianglecampaign.org/2012/11/28/two-regulations-could-hold-the-key-to-winning-esa-appeals/

Great advice zzzLazyDaisy

Dogger69

zaksmum wrote: »

So how does a person with anxiety meet the criteria if someone with communication problems who can't walk six steps before falling doesn't?

They would qualify under different descriptors related to mental health conditions. I can link to them if you are not aware?

The issue the claimant has here is that, while there is no doubt they have some limitations as to the work they can do, the govt take the view that these limitations might be sufficiently managed by making adaptations - a wheelchair being the most obvious.

The govt has also caught on to the overuse of the Regs mentioned by zzzLazyDaisy. They will now look at what adjustments and/ or medication the claimant could use to manage the risk, whether the claimant is willing to use them is irrelevant.

You are looking at this from the wrong angle. The chances that this lady will find a job is low, but the DWP do not take this into account. Hence it is irrelevant in advising the OP on their benefit entitlement.

zzzLazyDaisy

Dogger69 wrote: »

The govt has also caught on to the overuse of the Regs mentioned by zzzLazyDaisy. They will now look at what adjustments and/ or medication the claimant could use to manage the risk, whether the claimant is willing to use them is irrelevant.

You are looking at this from the wrong angle. The chances that this lady will find a job is low, but the DWP do not take this into account. Hence it is irrelevant in advising the OP on their benefit entitlement.

The only people who are able to give any valid opinion about whether working or being found fit for work might put the patient's health at risk, are her doctors and consultants. It is therefore totally relevant to advise OP to seek their advice and opinion. After all, form ESA50 expressly states that the claimant should attach all relevant medical evidence.

System

O/P here. We are overwhelmed by the advice coming through, thanks.

On the one hand our daughter says you can well do without the stress so try to live with it (she's thinking of my heart attack and other recent health issues) and our son's first reaction was to appeal, then after he thought about it. he too came down on the side of stress etc.

The thing is, we don't drink/smoke/drive so our daily expenses aside from eating and keeping warm, are basic. Any little luxuries we may indulge in, are paid for out of accumulated monies given to us at Christmas,birthdays,mothers day, fathers day so that never eats into our weekly budget.

Prior to retirement, we used to invest £4 per week on the lottery. We don't do that now, but we do put £4 each per week in a jar so that should we need to replace anything, ie microwave (last week), we use that money, sometimes there has been over £200 in this float.

I tell you this, to explain we are not silly with money, nor mean, we simply try to allocate what we have wisely. Any meals out are via vouchers or 2 for 1 or 2 for £10.

As for Black Triangle, I am now going to read it out to my wife. No doubt the reply will be interesting.

Afterthought. We moved to the South Coast over three years ago, so my wife is no longer under the consultant who treated her. He may even have retired by now. Sadly our GP isn't as dynamic as one would wish. In my case I have to lead him to make decisions/diagnosis as he openly says he has never had a patient with a urostomy before. He says, "you know more about it then me as you've had it 25 yrs"