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Change of Circumstances - Appealing WRAG

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6 years 9 months ago #191901 by Clare
Hi,

I was recently placed in the WRAG on the basis of a mental health condition. I must admit I thought based on the evidence I gave them & my WCA that the 'substantial risk' criteria may apply to me, but I can't say I'm surprised that it seems to have been ignored.

Things were bad to begin with anyway but they have deteriorated, and now in addition to seeing a CMHT, I've also been referred to the home treatment team. Does anybody know whether this in itself is part of the criteria for being in the SG?

I read up a lot on ESA criteria before my WCA and I'm sure I remember seeing something about crisis/ home treatment team intervention and the SG but I can't remember now & I can't sift through the information at the moment.

I'd really appreciate any help if anybody knows.

Thanks

PS I have sent in a written request for MR & asked that they wait for the evidence I'm gathering to come in before they reconsider. Really hoping they have the sense and fairness to wait but am worried they won't

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6 years 9 months ago #191908 by Gordon
Replied by Gordon on topic Change of Circumstances - Appealing WRAG
Clare

There are two aspects to Substantial Risk; you need to show that there is a risk, being referred to the CMHT may help with this, the second requirement is that the risk must be associated with you being asked to perform Work Related Activity, the CMHT has no relevance to this.

See the current ESA Claims die to Mental Health issues, there is a section on Substantial Risk.

Be aware they may ignore any deterioration in your conditions that have occurred since the Decision was made, however, you can argue that it was a reasonable result of your having been placed in the WRAG.

If you have further questions then please reply to this post and we will do our best to help.

Goordon

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

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6 years 9 months ago #191917 by Clare
Replied by Clare on topic Change of Circumstances - Appealing WRAG
Thanks for responding so quickly Gordon.

I completely forgot to mention that part of it. I asked my CPN to write a letter in support that WRA would significantly impact on my mental health and I stressed to her that she would need to make the point that it was the WRA itself that would create the risk. Luckily she agreed completely that the activities, no matter how simple or relaxed, would add significant anxiety & increase risk.

She was supportive but I'm fearful that the letter she's given me won't come across as clear-cut as the decision maker would want it to. I'm trying to drum up the courage to ask for it to be amended and made more explicit/ clear but haven't been able to yet.

Thanks for reminding me where to have a look. I've just read that

"In exceptional circumstances, however, you may consider that a claimant is in such a vulnerable situation that a finding that they can undertake work-related activity might give rise to a substantial risk to their or another person’s mental or physical health" such as "current crisis or home treatment team intervention"

I know it says 'may consider' so that doesn't fill me with confidence but I suppose at least it's a start that they recognise HTT intervention as a potential indicator of risk. And all of this has happened since I was put in WRAG - it has had a huge impact.

Has anyone got any experience of this set of circumstances, where HTT/ crisis intervention has been grounds for being put in the support group?

Thanks

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