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Learning Disabled Sister

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7 years 4 months ago #174004 by Trina Wake
Learning Disabled Sister was created by Trina Wake
Can anyone help me please? My sister is 49 and has learning difficulties. She was educated in a 'special' school and has had numerous physical health problems, most notably with her eyesight and mobility issues due to shortened tendons which make her feet curl in. She falls regularly and uses a wheeled walker to get about. she cannot manage stairs at all. She has been on DLA all her adult life and her condition has worsened as she has got older (mobility markedly reduced). My mum always took care of everything and organised support, benefits, housing etc, but sadly she passed away earlier this year and I have been thrown in at the deep end. She was refused ESA this summer and told she had to attend the jobcenter to claim JSA.I didnt even know a form had been completed for her benefits and to this day do not know who filled it in for her as she is not capable of doing this herself. Once I found out about it a mandatory reconsideration was filed and as a result she was put in the WRAG ESA group. As this is also ridiculous we now have a tribunal looming on 12th December and I have no idea what to say or do. My feeling is that as soon as they lay eyes on her and listen to her trying to communicate it will be obvious that she has severe learning difficulites and working is beyond her capabilities but I just dont know what to expect at all.

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7 years 4 months ago #174022 by Gordon
Replied by Gordon on topic Learning Disabled Sister
TW

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


Have you had the evidence pack from the DWP?

You need to explain why your sister should be in the Support Group, the SG has specific criteria and you need to show that she meets one or more of the Descriptors, have a look at our ESA Claim guides on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa1

Although her conditions are important in supporting why she meets the criteria, it is not her conditions that are being considered but rather the limitations that result from them, so it is really important that you explain why she meets these criteria.

Also, as she is now in the WRAG she is considered as being Unfit for Work, so there is no value in you raising her working as an issue, the Tribunal panel will not be interested.

At this time there's little else we can say, have a read of the guides and then come back to the forum by replying to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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