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TOPIC: Moved out of Support Group to WRAG, following WCA

Moved out of Support Group to WRAG, following WCA 2 weeks 6 days ago #201947

From looking at my Medical Report Form, the justification of advice from 2014, I think the assessor put me straight into Support Group because they took account of the recurring nature of my anxiety disorders and depression and assessed me as being vulnerable to relapse. During my re-assessment this year, my GP has provided DWP with medical evidence stating that my condition has worsened since my mother's sudden unexpected death at end 2015. But because the Decision Maker's reasons dated 9th November only refer to the HCP's report, and do not acknowledge any evidence provided by my own GP, they have not taken any of this into account. If I request DWP to refer to my own Doctor's evidence provided to DWP this year, I am hopeful that they may re-instate me back into the support group, taking account of the recurrent nature of my condition / vulnerability to relapse. I find it unbelievable that the Decision Maker's Reasons do not acknowledge any evidence from my own Doctor.

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Moved out of Support Group to WRAG, following WCA 2 weeks 6 days ago #201960

Layla

If you qualified under the Substantial Risk Regulations then there are two issues that you need to be aware of.

First, there is no on-going assumption of disability for Substantial Risk, just because a claimant qualified through this route the last time they were assessed does not mean that they will this time, they must show that they are still effected and meet the criteria for these Regulations.

Secondly, the DWP have issued new guidance for the Substantial Risk Regs. and it is now far more difficult for claimants to receive and award.

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

Moved out of Support Group to WRAG, following WCA 2 weeks 6 days ago #201974

Hello Gordon, thank you for your reply.

I completely understand there being no on-going assumption of disability for substanital risk. But the decision reasons dated 9th November have not even provided any written acknowledgement of the evidence provided by my Doctor during my re-assessment, stating that my condition has worsened, no acknowledgement of long history of recurring anxiety disorders with depression, no acknowledgement that my doctor has informed DWP that I am at risk of my mental health worsening if stressful situations arise. This current situation is causing me enormous stress because I am already worrying about not being able to meet or cope with the conditions attached to WRAG, and all the stress that will cause me and the effects it will have on me. I don't want to get even worse than I am now, I have only managed to just about cope, while I was in the support group.

Surely DWP have a legal obligation to take my own Doctor's medical evidence into account when making a decision? The two main things I feel DWP need to consider are that my Doctor has informed them of my long-history of recurrent anxiety disorders and depression. The fact that my doctor also informed DWP that stressful situations put my mental health at risk of worsening, and told them about the recurrent nature of my condition, suggests that DWP have not taken into account my vulnerability to relapse. I have phoned the DWP today and asked for a call back, I explained the Decision Maker's Reasons have not taken my GP's evidence into account. I believe I was assessed as being vulnerable to relapse when I was originally placed in support group in 2014 because of my recurring depression and anxiety. My GP has this year informed DWP that my condition has worsened. When DWP re-consider their decision, even if they do assess me as being vulnerable to relapse, which unfortunately for me I definitely am, I don't know if being assessed as vulnerable to relapse meets the substantial risk criteria which you say has recently changed?

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Moved out of Support Group to WRAG, following WCA 2 weeks 6 days ago #201976

Layla

The DWP are required to look at all of the evidence available, but they are not required to assign equal weight to the information, whether it is reasonable or not, the DM almost always assigns greater weight to the assessment report.

You also need to be aware that they are not medically trained, so they lack an ability to compare a letter from a GP, that may use medical terms and will primarily focussed on the claimants conditions, against the assessment report that uses layman's terms to describe the claimants ability to complete the ESA activities.

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

Moved out of Support Group to WRAG, following WCA 2 weeks 6 days ago #201983

Re the DM’s not being medically qualified/trained - it looks as though I will need to ask the DM to give me reasons why they think I’ve improved to such an extent that I no longer qualify for support group, when my gp has provided medical evidence to the contrary. At my home assessment the HCP didn’t ask me how it would affect me if I were not found to have limited capability for work related activity - if he had asked me that I would have told him that I know I would not be able to cope. I feel he should have asked me that question as it’s a very relevant one. If it is only the HCPs report which carries weight for the decision, I feel it is completely wrong of DWP not to have provided the HCP with my own doctor’s medical evidence - the HCP would then have been aware of my recurring anxiety disorders & depression/worsening since my Mum died, and HCP could have included it within the report. When I get my callback from DWP I will say that I think the HCP needed to be aware of my GP’s evidence. If I had known before my assessment that the DWP had not provided the HCP with my GP’s evidence, I would have made sure I gave him copies at my assessment to be included in the report. If I had done that & he had been aware of my GP’s evidence, I may not be in this stressful situation now. Really makes me feel like giving up.
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Moved out of Support Group to WRAG, following WCA 2 weeks 4 days ago #202032

Don't give up Layla, you have the strength to see this to the end, my Sister had the same issues with her initial assessment but we got that changed to support group before tribunal. Next time Layla you will be prepared. Always take copies of the most important evidence you have to the assessment or hand it directly over to the assessor at your home, they should read the evidence before commencing the assessment, if they say they do not have time just remind them that you want it to be considered in their write up of the report. Keep with it Layla, you will get there.

chazy
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