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ESA work related activities group
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8 years 6 months ago #171594 by Diana
ESA work related activities group was created by Diana
After a horrendous tribunal - suggested wearing gloves, incontinence pads and having liquid meals would solve some problems! - appeal upheld and finally got the full 15 points but my daughter has been put in ESA wrag. We are going to ask for a report of their decision but realise that only on a point of law could this be contested. The Tribunal has suggested a review in 2 years. Does this mean staying in wrag and maybe being moved on to JSA if they think fit. Winter time is difficult weather wise for my daughter to get out and about, would she be sanctioned if she is not able to get to a 'meeting'? At this moment in time neither of us is in a fit state to cope with going back to Tribunal - especially as she has also got her PIP assessment coming up on November 3rd!! She had completed her ESA50 back in November 2014 but did not get called for the assessment till May 6th this year - I wish we had been in touch with you prior to this and been better informed, but B&W has helped us through from 0 points to 15. Thanks.
She is getting support from CAB.
She is getting support from CAB.
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8 years 6 months ago #171662 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA work related activities group
Diana
You are right in that you can only pursue a further appeal on the basis of an Error of Law. This process can take some considerable time to be resolved, perhaps the best part of a year. The first stage is to request a Statement of Reasons.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
If you can show that her condition has deteriorated since May of this year then you can request a reassessment, You will need medical evidence to show the deterioration and need to be aware that it will be a full reassessment of her claim, new ESA50 and almost certainly a face to face assessment. She remains in the WRAG until a new Decision is made.
ESA is an indefinite award, she remains in the WRAG until a new Decision on her claim is made, the only exception to this will be is she is receiving ESA(CB), payments for which are limited to 365 days if not in the SG.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
You are right in that you can only pursue a further appeal on the basis of an Error of Law. This process can take some considerable time to be resolved, perhaps the best part of a year. The first stage is to request a Statement of Reasons.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
If you can show that her condition has deteriorated since May of this year then you can request a reassessment, You will need medical evidence to show the deterioration and need to be aware that it will be a full reassessment of her claim, new ESA50 and almost certainly a face to face assessment. She remains in the WRAG until a new Decision is made.
ESA is an indefinite award, she remains in the WRAG until a new Decision on her claim is made, the only exception to this will be is she is receiving ESA(CB), payments for which are limited to 365 days if not in the SG.
If you have further questions then please reply 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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8 years 6 months ago #171896 by Diana
Replied by Diana on topic ESA work related activities group
Going to have to look up what ESA (CB) is now!
Reading how awful Job Centre staff can be leaves us with horror. My daughter is now having panic attacks already and is on Diazepam to help. Her GP had signed her off sick so she went on ESA in the support group until appeal heard, but this runs out on 31st October. We are now awaiting to hear from DWP about changing groups to wrag (?). In the meantime we are hoping that the PIP assessment runs more smoothly, I'm seriously concerned for her health. (Her dyslexia and difficult in understanding all this complicated system almost causes more difficulty than her physical disability) Thanks for listening.
Reading how awful Job Centre staff can be leaves us with horror. My daughter is now having panic attacks already and is on Diazepam to help. Her GP had signed her off sick so she went on ESA in the support group until appeal heard, but this runs out on 31st October. We are now awaiting to hear from DWP about changing groups to wrag (?). In the meantime we are hoping that the PIP assessment runs more smoothly, I'm seriously concerned for her health. (Her dyslexia and difficult in understanding all this complicated system almost causes more difficulty than her physical disability) Thanks for listening.
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8 years 6 months ago #171918 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA work related activities group
Diana
It usually takes the DWP 5-8 weeks to process a Tribunal result, it's worth checking with them that they have received the Decision Notice from the TS, it's remarkable how many they lose!
She needs to maintain a Fit Note until the Decision is implemented by the DWP.
Have a look at the PIP Claim guide for information on the assessment process and the questions she is likely to be asked.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
It usually takes the DWP 5-8 weeks to process a Tribunal result, it's worth checking with them that they have received the Decision Notice from the TS, it's remarkable how many they lose!
She needs to maintain a Fit Note until the Decision is implemented by the DWP.
Have a look at the PIP Claim guide for information on the assessment process and the questions she is likely to be asked.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #171925 by Diana
Replied by Diana on topic ESA work related activities group
Thankyou,we will be going through the guide and the answers on the form to be prepared for the questions she will be asked.
One thing we are not sure about - . She is in her wheelchair 99% of the time, she does not use her elbow crutches outside. When she went for her JSA assessment she went alone and obviously can't carry her crutches while pushing herself in her chair. So the assessor did not see her walk or stand at all. But I'm going with her this time and obviously I can carry her sticks but that is not a 'normal' situation - nobody walks with her carry her sticks. To take the crutches or not? Any advice?
Maybe not fair to ask you this so don't worry if you don't reply. Thank you again for your support.
One thing we are not sure about - . She is in her wheelchair 99% of the time, she does not use her elbow crutches outside. When she went for her JSA assessment she went alone and obviously can't carry her crutches while pushing herself in her chair. So the assessor did not see her walk or stand at all. But I'm going with her this time and obviously I can carry her sticks but that is not a 'normal' situation - nobody walks with her carry her sticks. To take the crutches or not? Any advice?
Maybe not fair to ask you this so don't worry if you don't reply. Thank you again for your support.
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8 years 6 months ago #171951 by Gordon
PIP only considers the claimants ability to walk, the use of a wheelchair will not be considered. walking aid such as crutches should be considered but may limit the points she can score, only the distance that she can walk "reliably" and "on the majority of days" should be considered, have a look at the PIP Claim guide for more information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA work related activities group
Diana wrote: Thankyou,we will be going through the guide and the answers on the form to be prepared for the questions she will be asked.
One thing we are not sure about - . She is in her wheelchair 99% of the time, she does not use her elbow crutches outside. When she went for her JSA assessment she went alone and obviously can't carry her crutches while pushing herself in her chair. So the assessor did not see her walk or stand at all. But I'm going with her this time and obviously I can carry her sticks but that is not a 'normal' situation - nobody walks with her carry her sticks. To take the crutches or not? Any advice?
Maybe not fair to ask you this so don't worry if you don't reply. Thank you again for your support.
PIP only considers the claimants ability to walk, the use of a wheelchair will not be considered. walking aid such as crutches should be considered but may limit the points she can score, only the distance that she can walk "reliably" and "on the majority of days" should be considered, have a look at the PIP Claim guide for more information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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