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TOPIC: ESA New Reg. 35 Guidance?

ESA New Reg. 35 Guidance? 4 weeks 1 day ago #201162

The Revised WCA Handbook 31 July 2017 p247 of 252 reads:

The HCP cannot know exactly what activities the claimant will be asked to carry out.
However, the flexibility in the DWP approach, tailoring work- related activity to each
claimant’s circumstances and health condition, and the requirement that claimants must not
be asked to do anything that could put their health at risk, make it unlikely that many
claimants will be at substantial risk if required to carry out work-related activity.

also the Same Difference website:

ESA: The new rules on reg. 35 means DWP insist you have to show what difficulty you would have
with the basic work related activity of keeping a basic log of things you enjoyed doing before illness
and ringing it into your advisor once a week. This is far different from showing you would be a risk if
you were made to go in for appointments. Therefore the court or assessors will need evidence of
extreme anxiety that would prevent you making that call from home if you solely relied on regulation 35
to get you into support group. I advise anyone therefore to look at other ways to get into support group
if this is not the case and see where they fit the descriptors for ESA.

I was in the support group from 2013 as reg 35 applied but am now in the wrag and a recent MR has failed.
Any appeal I make would be based around reg 35. In your opinion is it worth appealing if I would fail if they can prove I can make a simple phone call? My GP provided me with a very good letter when I successfully appealed to be in the support group in 2013, but what would a GP have to say with regards to my anxiety with meeting people and my difficulty getting about in the light of these new regs that would actually make any difference?

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ESA New Reg. 35 Guidance? 4 weeks 16 hours ago #201185

Carol

Aside from the effort and anxiety associated with an appeal, what have you got to lose?

If you appeal then the DWP are required to provide the hearing with a list of Work Related Activity that they believe that you can do, you can then argue against this. Also the panel may not agree with the DWP's list.

Gordon

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

ESA New Reg. 35 Guidance? 4 weeks 13 hours ago #201237

My MR notice suggests that I could write a mood diary as an example of the least demanding activity or a CV as the most demanding activity but only at a later date taking into account improvements in my condition.

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ESA New Reg. 35 Guidance? 4 weeks 9 hours ago #201250

Carol B wrote: My MR notice suggests that I could write a mood diary as an example of the least demanding activity or a CV as the most demanding activity but only at a later date taking into account improvements in my condition.


If this is what the Decision Maker has written then it would seem to hand the Support Group to you.

The key phrase is "only at a later date taking into account improvements in my condition", this clearly states that you could not at this time complete the one piece of WRA that the DWP had identified that you might be able to do.

Gordon

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

ESA New Reg. 35 Guidance? 4 weeks 6 hours ago #201265

I think they meant I can do the least demanding activities now and the most demanding activities at a later date, but if I can do any activities at all now, then I am ineligible for the support group.

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ESA New Reg. 35 Guidance? 3 weeks 6 days ago #201286

Carol B wrote: I think they meant I can do the least demanding activities now and the most demanding activities at a later date, but if I can do any activities at all now, then I am ineligible for the support group.


Two things.

I know you have adapted the statement for the forum, but what you have written clearly implies that you are not capable now.

The DM is stating an opinion, it is very possible that an appeal panel will disagree with them.

Gordon
The following user(s) said Thank You: Carol B

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonMrs Hurtyback