quick question regarding new capability for work assessment

jasonwatkins

On the 15th of September, 2012 I won my appeal against my last medical and was awarded ESA with the work related activity component.

The ruling states that the appeal was allowed "..because insufficient points were scored to meet the threshold for the Work Capability Assessement, but Regulation 29 of the ESA Regulations 2008 applied" - basically "special circumstances".

It recommends reassessment within 18 months so I suspect this is why i've received a new Limited Capability for Work form to fill out.

I fully appreciate this probably has no easy answer, but what's likely to happen ?. Would the 'special' circumstances still apply, meaning the decision would be fairly straightforward?. Or would they take it as a whole new assessment meaning i'd likely score zero points again and have to go through the appeal process under the new "rules" which would probably mean i'd end up having no other choice but to apply for JSA ?

Obviously I will include a copy of the Tribunal ruling as evidence, but i'm honestly terrified of having to go back on this roundabout all over again because my condition and circumstances really haven't changed at all.

thanks in advance for any little points or anything

jacques_chirac

They will focus on your condition as it is now. If you feel that you still fulfil Reg 29 then you need to address this on the form, and in evidence relating to your current condition.

jasonwatkins

jacques_chirac wrote: »

They will focus on your condition as it is now. If you feel that you still fulfil Reg 29 then you need to address this on the form, and in evidence relating to your current condition.

Appreciate your reply, thankyou.

There's certainly no change in my condition. At the risk of asking the inevitable stupid question, would this mean I need to get a fresh letter from my GP or relevant specialist stating that my condition is unchanged ?

Would it have to be along the lines of "As of <date>, I can confirm Jason's condition is unchanged" or be more specific to the point of "As of <date>, I can confirm Jason's condition is unchanged and that I believe that he is not fit for work" ?

Thanks again.

Indie_Kid

You're better off getting a letter detailing the problems you have. A letter stating that you're unfit for work wouldn't be enough.

HB58

You need to treat this as if it were an entirely new claim and the onus is on you to show that the (latest) Special Circumstances rules apply to you.

jasonwatkins

HB58 wrote: »

You need to treat this as if it were an entirely new claim and the onus is on you to show that the (latest) Special Circumstances rules apply to you.

Have the special circumstances been updated in the last 15 months then ?

I've got this link ..

http://www.legislation.gov.uk/uksi/2008/794/regulation/29/made

explaining regulation 29.

I'm going to go to the CAB in the next day or so as well to get some further advice as to how to go forward and i've also emailed the Black Triangle people as well as they did print a template letter on their site regarding regulation 29 as well.

Thanks once again for taking the time to reply.

HB58

The difference is that the Decision Maker is now able to consider this -

"This regulation will not apply, however, if the risk could be reduced by a significant
amount by:
 reasonable adjustments being made in your workplace; or
 by your taking medication to manage your condition that has been prescribed
by a registered medical practitioner who is treating you."

rogerblack

HB58 wrote: »

The difference is that the Decision Maker is now able to consider this -

"This regulation will not apply, however, if the risk could be reduced by a significant
amount by:
 reasonable adjustments being made in your workplace; or
 by your taking medication to manage your condition that has been prescribed
by a registered medical practitioner who is treating you."

And that you can't score points on the mental function descriptors for a physical illness, or vice versa.

This has some major issues - epilepsy for example is a physical illness.

jasonwatkins

HB58 wrote: »

The difference is that the Decision Maker is now able to consider this -

"This regulation will not apply, however, if the risk could be reduced by a significant
amount by:
 reasonable adjustments being made in your workplace; or
 by your taking medication to manage your condition that has been prescribed
by a registered medical practitioner who is treating you."

Thanks. It sounds like i'm in for a world of stress by those additions unfortunately. I suffer from Sleep Aponea and one of the main reasons i've had it for so long is that I'm unable to tolerate CPAP, so I can certainly envisage a decision maker at least trying to apply the second point even though it's not currently possible.

jasonwatkins

I haven't been able to find more specific information about these two 'new' regulations regarding regulation 29 - is it something that only the assessors have access to ?

I'm going to ask them if i can have a bit more time to submit the form as I have an appointment at the hospital less than a week after the deadline in feburary where I could probably arrange a fresh letter, so it would be handy to be able to include it in the form.

jasonwatkins

just thought i'd follow up for the sake of 'completeness' i suppose

spoke to an advisor today at "Dial" and she told me, in her words, that they're making it "impossible" to get ESA at the moment unless your condition has gotten worse or unless you have a new medical condition on top of what you already have.

She said "If you can't work with your brain, they'll make you work with your hands and if you can't work with your hands, they'll make you work with your feet" ..

She also said since I possess a CPAP machine for my Sleep Aponea, according to the DWP, I have to wear it and if i don't, then it's my fault apparently, despite me being able to produce letters dating back ten years stating i can't tolerate it.

I have to ring back on Thursday to make an appointment to see someone to go through the forms to get the filled out in the best way possible, but that'll be that. It'll be no more than going through the motions really as i've resigned myself to the fact i'll be forced on to JSA in the coming months which terrifies the life out of me.

Thanks again for the replies.