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What's your interpretation?

  • tazman
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11 years 8 months ago #89356 by tazman
What's your interpretation? was created by tazman
I have received the envelope with my appeal papers and am confused on a couple of points. I promise I have trawled B & W and google and am a little scared to bother you. I have read the tellings off!

I am appealing WRAG to Support and my head is exploding with information. Under ESA Regulations, regulation 34 and Schedule 3 it states:

'A claimant can be treated as having limited capability for work-related activity without assessment where certain conditions are satisfied, such as where the claimant is undergoing specified treatment.'

Where do I find out what they consider "specified treatment" to be? I was transferred from IB to ESA WRAG last year with no medical.

I had been assured that due to my chronic mental health problems (physical ones too) that I would be assessed by a doctor. That was not adhered to (what a surprise) and the form was completed by a nurse I had never met.

DWP reasons for no revision were the same as some I read here recently. Namely, I go to the shop at the end of my street and attend therapy (2 minute bus ride) alone. I very occasionally visit my elderly parents, who live around the corner just to make sure they are ok. Apart from that I literally never leave my home.

As with many of us on the forum,I also live alone and wonder how I am expected to feed myself if I don't go shopping. I try to do it all in one day; therapy, shopping then collect medication from pharmacy - something else they are trying to penalise me for. If I asked for my meds to be delivered, they would laugh at me as my house is so close to the shop.

One other thing, I am trying to download a copy of the Bench Book, but the link on here says it is out of date. Any ideas.

Apologies for the length of post, but I rarely ask questions and hope you will understand.

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11 years 8 months ago #89362 by Gordon
Replied by Gordon on topic Re:What's your interpretation?
tazman

Have a look at pages 22 and 23 of the Understanding ESA guide.

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

Gordon

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

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11 years 8 months ago #89395 by Crazydiamond
Replied by Crazydiamond on topic Re:What's your interpretation?
tazman wrote:

One other thing, I am trying to download a copy of the Bench Book, but the link on here says it is out of date. Any ideas.


The Tribunal Benchbook is no longer available in the public domain, as it was removed without explanation by the Tribunal Service a few years ago.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago #89398 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:What's your interpretation?
However, we have a older copy in the members area, and little has changed in the latest edition. You can view or download a copy HERE

Scroll down to 'Benchbook'

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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