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TOPIC: support group

support group 1 year 8 months ago #132605

Thanks Gordon, I see what you mean. I still wonder though, whether the consultant's letter stating that the claimant would be a danger to himself and others if he was placed in to a working environment wouldn't be sufficient reason to excuse him from such an environment, whether it be doing voluntary work or work placements?

If the letter said the risk would only arise if the claimant was required to do full-time work, that might be a different matter although if the voluntary work or work placement pretty much amounts to full-time work, then perhaps there's not much difference. Surely if the DWP was to ignore the consultant's letter and force the claimant into a working environment, they would be liable for any damage to the claimant's health or harm to others as a result?

I know that Parliament is granted a lot of latitude by the courts in terms of their powers to legislate and generally they only consider whether the government has acted in compliance with the law but even so, if the legislation says that someone who is too unwell to be in a working environment can nonetheless be put in one if it's called voluntary work or the Work Programme, I'd imagine this might be open to challenge in the courts, as it's clearly dangerous nonsense (not that that's a proper ground but I'm sure a decent lawyer could find some).

It does sound like the DWP might be in breach of the Equality Act 2010 by failing to make reasonable adjustments to accommodate the claimant's disabilities, although he'd need professional advice and representation with this and it could take quite some time to win such a claim, so isn't going to help him obtain any ESA in the short-term. The DWP might fold shortly before the hearing, or even after receiving a letter from a solicitor notifying them of his intent to make a claim, if they realise they haven't got any defence though.

I should be clear that I'm not a lawyer, so no-one should rely on my advice and they should seek professional advice before deciding what to do.
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support group 1 year 8 months ago #132618

  • Gordon
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DJ

The problem with this argument and why the letter may not have value is that the DWP do not have to put claimants into a work environment while they are in the WRAG as they are already obliged to make reasonable adjustments to take into account the limitations that a claimant might have due to their conditions.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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support group 1 year 8 months ago #132626

Gordon,

Of course you are right that being put in the WRAG does not necessarily mean that a claimant will be put into a work environment, nor asked to do anything that is unreasonable considering his or her disabilities. All I was trying to say is that if that were to happen (which the information provided suggests may be happening in this case) the letter may be of assistance in persuading the DWP to change their mind or failing that, as evidence in legal proceedings.
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The following user(s) said Thank You: Just Me

support group 1 year 8 months ago #132654

Gordon
how can my son deal with the fact that he cannot leave the house until he has finished on the toilet and he is at risk, as his e pilepsy is extreme and not the same as controlled epilepsy as the drugs affect his mind and actions all the time .Can the dept make alternative arrangements to meet his disability requirements under the rules for suitable adjustments. He has just completed another disability claim which has been allowed on these matters so presumably he has satisfied the rule for proof or the dwp are in breach of the disability rules by not accepting this. It is difficult for those who think they know about epilepsy to regard this as just another case . we are making another claim for secession and this time it will go to the dept on his letters and not to the local office.
Thanks.
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support group 1 year 8 months ago #132667

  • Gordon
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JC

These are matters that need to be raised with your son's JC+ advisor to see what accommodations can be made.

It is important that you understand that being in the WRAG he is considered to be capable of performing Work Related Activity in the broad sense, you need to show that his conditions limit him from doing so in the narrow or specific sense and that the advisor needs to make allowances for this in defining the activities he should do.

The JC+ advisor has no medical training and limited, if any, access to medical advice, so you will need to lead them through your sons conditions and the affect that they have on him.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: june cunningham

support group 1 year 5 months ago #136836

I am writing again after asking for secession on my son's case and fully explaining in my letter the everyday risks and dangers my son faces each day he leaves the house and indeed faces whilst indoors.
We did not receive another claim form from the department as expected and indeed they say that we have not got the right to discuss his case or act on his behalf even though he is suicidal when he is put into the position of having anything to do with the matter. He is unable to deal with it and his depression is such that he
really gets into a state even with us and shouts and cries.
His consultant has written and explained that he is unable to take any further meds of any kind due to the amount he has to take for the epilepsy which continues to be debilitating .
He also soils himself two or three times a week unless he stays on the toilet all morning and into the afternoon, still not sure after this if he will be safe. What can we do now?
We will appeal but we know how long this can take and the ongoing affect on his health.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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