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Epilepsy and WRAG

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11 years 11 months ago #85675 by Valerie
Epilepsy and WRAG was created by Valerie
Hello and I apologise if this is not in the correct forum ... my son (40 years old) has had epilepsy since childhood .. it is not controlled and when his doctor has tried to change his medication it has made matters worse, so over the years he has learned to live with it .. he has night time and daytime grand mal attacks, which obviously leave him shattered immediately after and most of the next day and for the past 2 years he has had memory loss .. it has also contributed to panic attacks and anxiety and he will rarely venture out alone as he has collapsed in the streets before, fallen downstairs etc... these falls have also contributed to back problems .. he is on full care DLA plus low mobility and his wife is his carer ..he was called to see the ATOS person on 28 February and I went with him. Yesterday he finally got the decision letter ... he has been placed on WRAG and apparantly he is fit for work and is now awaiting calls for interviews etc! This in spite of an excellent lettter from his doctor who has always been a great support and insists he is not fit for work ... if he is called for interviews his wife (or me) will have to go with him as he cannot handle being out alone .. his wife has already phoned up and told them they are going to appeal and asked for the relevant forms to be sent out .. both are really worried especially my son who is now really down, but also his wife who now has to keep a close eye on him as lots of seizures have been brought about by stress .. yes, we did fill in forms according to your great help on here and I am a paid member ... how can someone who just sits at a computer clicking boxes say he is fit for work ?? this has us all soooo worried .
Valerie

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11 years 11 months ago #85682 by Gordon
Replied by Gordon on topic Re:Epilepsy and WRAG
Valerie

The first thing to say is that being placed in the WRAG does not mean that your son is Fit for Work, in fact it is the exxact opposite, and while your son remains entitled to ESA he cannot be required to work or even to seek work.

However, while in the WRAG he can be required to perform Work Related Activity, this may consist of completing a CV and going on training courses, see the following FAQs.

Work Focussed Interviews

Work Programme

If you are considering an appeal you need to consider the following

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

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

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11 years 11 months ago - 11 years 11 months ago #85683 by slugsta
Replied by slugsta on topic Re:Epilepsy and WRAG
eHi, I understand your distress. However, being placed in the WRAG is not the same as being found fir for work. Indeed, no-one can be forced to apply for work, or to work, whilst in receipt of ESA in either group. The 'interviews' mentioned are not job interviews.

Work Focussed Interviews



However, your son is at liberty to appeal if he believes that he meets at least one of the support group criteria.He might have to attend WFIs while appealing, but these can sometimes be held over the phone.

You might find the appeals advice on this site helpful.

ESA claims and appeals

Where to get help

Qualifying for the support group

Edit - I took so long to post my reply that Gordon beat me to it and he gave more info!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by slugsta. Reason: beaten to it by Gordon

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11 years 11 months ago - 11 years 11 months ago #85686 by Valerie
Replied by Valerie on topic Re:Epilepsy and WRAG
Thank you so much both of you. I got straight onto his wife who feels a bit relieved ... however, we thought because he gets full DLA for care plus low rate mobility, and she is his carer, that he would be put in the support group ... she was originally told (couple of years ago) that it was not worth applying for carers allowance as they are on benefits anyway ... I am not sure that is correct
Valerie
Last edit: 11 years 11 months ago by slugsta.

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11 years 11 months ago #85745 by Valerie
Replied by Valerie on topic Re:Epilepsy and WRAG
Hi, sorry to be a pest but actually it does say in his letter

“ you are entitled to income-related Employment and Support Allowance – and have been placed in the work-related activity group”

“This means that you must take part in work-focused interviews with a personal advisor to continue to receive this allowance. Your advisor will help you to take reasonable steps to move towards work”

Just said this starts in May 2012, but no mention of the 366 days which some have mentioned.

He has had 2 seizures since getting this letter and interviews are a real big problem for him …. The worsening seizures have also contributed to him having panic attacks and anxiety.

His doctor is amazed at this as he felt sure he would be placed in the support group, and has suggested that he appeals. He and his wife are not sure what is the best option and the only way he will get to any interviews is if his wife or myself go with him.

Any advice would be most welcome, and I do apologise for asking for help yet again ... other than our son, the rest of my family have always worked (I am now retired as is my husband) and we have no proper knowledge of benefits except the ones I downloaded from your site have been a great help

Valerie

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11 years 11 months ago #85746 by Gordon
Replied by Gordon on topic Re:Epilepsy and WRAG
Valerie

It's not a problem you asking another question :)

OK, if he is receiving Income Related ESA then the 365 day time limit does not apply.

With regard to appealing, I can only refer to the links posted earlier in the thread which explain the qualification criteria and how to actually appeal.

Gordon

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