ESA Descriptors

timdmgd

Hi all,

At the end of incapacity benefit, I had to go for a work capability assessment which I failed (scoring 0 points(a complete joke)). I got the call from the DWP to say that I'd need to come off benefits completely and start working full time, I was filled with horror at the thought as it's just impossible for me. I appealed, was on the appeal rate for 11 months and won my appeal scoring 18 points and got put into the WRAG. I'm due to be medically reassessed in Jan or Feb and hope to get moved into the support group. I want to stop needing to go for pointless WFI's every 6 months, the last one got my ESA sanctioned as I'm doing Supported Permitted Work (which they said wasn't supported). Anyway, I've been able to prove it is (by sending a (PW7, then a PW1 form))) and hopefully now, my ESA will restart in a week of so.

I'm doing a bit of homework regarding my reassessment.

On my decision notice that I got at the appeal, it says

28th March 2014

1. The appeal is allowed.

2. The decision made on 16/04/2013 is set aside.

3. The Appellant is entitled to ESA with the work-related activity component.

4. This is because in applying for the Work Capability Assessment sufficient points were scored from the activities and descriptors in Schedule 2 of the ESA regulations 2008. The tribunal was satisfied in respect of the descriptors 11c, 14c and 16c, which each scored 6 points.

5. No Schedule 3 descriptor applied and Regulation 35 was not engaged.

6. The tribunal recommends that the Department does not reassess the appellant within 24 months of today.

Can anybody help me to understand what the descriptors in 4 mean and what 5 means?

Thanks very much.

Robbie64

The ESA descriptors, with an explanation of what each means along with the relevant point score, can be found at

www.pkc.gov.uk/CHttpHandler.ashx?id=17726&p=0

Schedule 3 relates to the descriptors needed to have "limited capability for work related activity" i.e. the descriptors which if satisfied would place someone in the Support Group. These descriptors can also be found in the above document.

Regulation 35 is explained in detail at http://www.cpag.org.uk/content/making-exception - see the section headed "Regulation 35 - support group exception".

timdmgd

Thanks very much for the info. I hope you can put my mind at rest a little here but what I'm petrified of is being reassessed, them finding me perfectly fit for work, having to go on appeal rate ESA for a year and waiting for another appeal.

timdmgd

Any ideas anyone?

paragon909

timdmgd wrote: »

Any ideas anyone?

Have you been reassessed yet,

Do you have a limited work capability in your opinion, What health conditions do you have, Do you see specialists, Do you have reports or GP letters supporting your condition? You need to think of all this before going for the face to face....

Have you been sent a date for your re-assessment? If you haven't then I wouldn't worry about it until nearer the time. I wouldn't imagine they would send you an appointment in October for an appointment in January or February.

KxMx

I'd be surprised if you were re-assesed when you were due.

There is a massive backlog nation wide.

I was told by my local JCP i'm looking at 1-2 years past my review date.

You need to look at which descriptor qualifies you for the Support Group and how you can demonstrate your eligibility come review time.

System

KxMx wrote: »

I'd be surprised if you were re-assesed when you were due.

There is a massive backlog nation wide.

I was told by my local JCP i'm looking at 1-2 years past my review date.

You need to look at which descriptor qualifies you for the Support Group and how you can demonstrate your eligibility come review time.

agree mine was due april and have heard nothing but am still getting the support rate,suits me

timdmgd

Hello again,

Yes, I have a limited capability for work. I had an RTA in Sep 1999 and suffered a brain injury.

I think that I should be in the support group because I'm slow at everything, it's kind of like my life happens in delay and I wish that subtitles were included in every aspect of my life.

My condition is never going to improve. I can't do more than the (paltry I know) 12 hours per week and will never be able to.

I don't see any specialists, that ended years ago.

I have'nt been reassessed yet but my benefits advisor (from SDDP (Surrey Disabled Peoples Partnership)) called the DWP on my behalf and they told her that It'd happen in Jan/Feb.

I believe that 'No Schedule 3 descriptor applied and Regulation 35 was not engaged' should have applied because my mental health would be severely affected by the thought of working full time & my physical health would be affected (& others too) because I'm so slow at everything.

timdmgd

Any advice anybody?

paragon909

timdmgd wrote: »

Any advice anybody?

I think you maybe building up some sort of anxiety and adding stress you don't need.

Just wait until DWP send a ESA50 and a letter telling you about a review, I think worrying before you get this is unnecessary.

You could get your GP to write you a letter of support and get them to print a list of your medications.

TELLIT01

On the basis of the Tribunal decision you are still at least 6 months away from reassessment, probably much further. Worrying now won't help you, or change the process.
With respect, "being slow at everything" doesn't mean you are permanently incapable of work (that is what the Support Group is supposed to cover). My brother was in a coma for many weeks following an RTA and was never expected to make any recovery. He improved to the stage where he was able to work, albeit not in the kind of job he had prior to the accident. Like you, he struggled to adapt to anything new but with patience and support from others he managed. It wasn't easy, but life rarely is.
Remember, ESA assessments are about what you CAN do, not what you can't.