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Victim of violent crime at work. Now in LCW!

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6 years 6 months ago #199739 by MrsGizzard
Hi!

Are there any other victims of crime at work who have had their CICA pay-out years ago, (which take your IB out before they pay it), and are being forced into the LCW group, even though their PTSD is going to be made vastly worse by all this, and they were attacked at work?

And why, because I won't share my suicide plans, is the DWP maintaining I need to go to the LCW WRAG?

I'm now at the tribunal stage. I don't kno what to do. My menatl health is deteriorating so fast.

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6 years 6 months ago #199748 by Gordon
G

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

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Did you score any points or were you placed in the WRAG by Regulation 29, substantial risk if required to work?

ESA has very specific criteria that a claimant needs to meet to be placed in the Support Group, you will need to explain to the Tribunal panel why you meet this criteria.

If you are hoping to qualify through Regulation 35, substantial risk of harm if required to perform Work Related Activity, then have a look at the section dealing with this in the ESA Claim due to mental health issues guide in the ESA section.

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

The ESA Appeals guide, on the same link, will explain about the appeal process and there is a sample submission in the Submissions guide.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #199758 by MrsGizzard
Replied by MrsGizzard on topic Victim of violent crime at work. Now in LCW!
I got zero points, despite having a broken leg and still being on crutches when I arrived, (application went in in December, I interviewed end of August).

Looking at my ESA56, I have had the section 29 applied, but nothing else.

The decision was a terrible verbatim copy of the ESA85 assessor's statement. "Although she has stated that she has a suicidal plan, and she has not acted on it and has a coping strategy. She deals wiht corresondence, arranged and attends appointments, and interects with other people".

Complete with grammatical error. Is this a usual rationale? You haven't done it, so you won't do it? and what's more the ability to open letters and go to your orthopedic out-patient appointments, and chat to other mothers while your kids play in the park, (not that I've done any of that since I broke my leg), means you won't get depressed and more suicidal?

I'm so sad I can't see straight. Last time I left my place of permanent employment, it was in an ambulance. After the trial and conviction of the attacker, I never went back to work. (Although I was forced to go back to the place, for some CBT - that was awful).

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6 years 6 months ago - 6 years 6 months ago #199772 by slugsta
Replied by slugsta on topic Victim of violent crime at work. Now in LCW!
You say that you are at the tribunal stage, how far through this are you? Have you had your appeal accepted? Do you have a date?

You will only be awarded the Support Group of ESA by showing exactly how and why you meet the specific descriptors. Have you had a look at our ESA guides so that you understand the requirements of these?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by slugsta.
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6 years 6 months ago #199807 by MrsGizzard
Replied by MrsGizzard on topic Victim of violent crime at work. Now in LCW!
Not yet. I'm trying to digest the one about tribunal. Got my Mandatory Consideration back today. DWP helpline said I shouldn't waste more time asking them to review it, but gobstraight to the tribunal. Exactly 2 weeks after someone at the DWP took my distressed phone call and logged it as an MR. I just couldn't get the additional paperwork in on time, as I was being retriggered by the writing of it :-( . I'm trying to read the docs. I wish I'd read them before I went fir my face to face.

It's just Maximus keep telling me I'm not that rare a case. So I was wondering if I'm not that rare, are they making other PTSD from violence at work sufferers go into these WRAGs. How are they coping? What do the activities look like. I have had my fill of courts. And by the time I'm there I'm going to be back on tons of meds and won't be able to do myself justice.

How do you find someone yo help you with this stuff?

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6 years 6 months ago #199835 by Gordon
MrsG

If you look at the guide, as previously advised it explains the criteria that you will need to meet to be placed in the SG and the Work Related Activity that you might be asked to do in the WRAG.

You may be able to find support by doing an internet search for "welfare advice" with your postcode, town or county.

Gordon

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

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