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11 years 1 month ago - 11 years 1 month ago #99865 by mactav
ESA85A was created by mactav
Hi

I was transferred from IB to CB ESA WRAG on 7.12.12, without a medical. I know I should be more than grateful for this as many people on this sight have been found fit for work; when they are clearly incapable of going back to work of any kind and will have months of stress going through the appeals procedures.

However, I will only be paid for 365 days and will not be eligible to claim IR ESA after this time because I receive a pension from the Civil Service. I am married and my husband's income would be taken into account also. There are many like me who worked for many years until ill health got in the way and had no alternative but to accept defeat and retire on medical grounds. I have noticed more and more from this sight and talking to old colleagues who are medically retired, that they too have been put into the WRAG, it seems to be the norm, this Government knows that they do not then have to pay anyone, who has a works pension, more than 1 yr benefits. I have no alternative but to appeal to get into the support group, which I believe I should have been put anyway, as this December I will lose my ESA. Like everyone, all of my income each month is swallowed up by the usual suspects, council tax, water rates, gas, elec, insurances and lastly the food which is increasing weekly per item by at least 20%. If I had no pension, there would be no council tax to pay, I would get all the disability premiums and income support. Sorry to everyone that chooses to read this but I am really stressed out over the appeal I will now have to go through.

I have received the ESA 85A and LT54. Where I am confused is that the medical report was completed by a Doctor who has stated the following 'I advise that work is unlikely in the longer term'.
I have sent in my appeal and argued this point. I have also contacted the Manager at my GP's surgery. She is arranging for me to see my medical files, so that I can copy any reports from my consultants seen over the years to forward to the DM. I had a nervous breakdown, in work of all places, and since that time have developed arthritis, osteoporosis, COPD and fibromyalgia. Like us all on this site, if I was well enough to work I would be in work. My policy when I worked for DWP was this, 'Never judge anyone in receipt of benefits, you never know when it will be you'. Take care all, Peggie :)
Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago - 11 years 1 month ago #99868 by bro58
Replied by bro58 on topic ESA85A

Peggie wrote: Hi

I was transferred from IB to CB ESA WRAG on 7.12.12, without a medical. I know I should be more than grateful for this as many people on this sight have been found fit for work; when they are clearly incapable of going back to work of any kind and will have months of stress going through the appeals procedures.

However, I will only be paid for 365 days and will not be eligible to claim IR ESA after this time because I receive a pension from the Civil Service. I am married and my husband's income would be taken into account also. There are many like me who worked for many years until ill health got in the way and had no alternative but to accept defeat and retire on medical grounds. I have noticed more and more from this sight and talking to old colleagues who are medically retired, that they too have been put into the WRAG, it seems to be the norm, this Government knows that they do not then have to pay anyone, who has a works pension, more than 1 yr benefits. I have no alternative but to appeal to get into the support group, which I believe I should have been put anyway, as this December I will lose my ESA. Like everyone, all of my income each month is swallowed up by the usual suspects, council tax, water rates, gas, elec, insurances and lastly the food which is increasing weekly per item by at least 20%. If I had no pension, there would be no council tax to pay, I would get all the disability premiums and income support. Sorry to everyone that chooses to read this but I am really stressed out over the appeal I will now have to go through.

I have received the ESA 85A and LT54. Where I am confused is that the medical report was completed by a Doctor who has stated the following 'I advise that work is unlikely in the longer term'.
I have sent in my appeal and argued this point. I have also contacted the Manager at my GP's surgery. She is arranging for me to see my medical files, so that I can copy any reports from my consultants seen over the years to forward to the DM. I had a nervous breakdown, in work of all places, and since that time have developed arthritis, osteoporosis, COPD and fibromyalgia. Like us all on this site, if I was well enough to work I would be in work. My policy when I worked for DWP was this, 'Never judge anyone in receipt of benefits, you never know when it will be you'. Take care all, Peggie :)


Hi P,

Yes indeed, a lot of our members are in the same unfortunate predicament. :(

You may be able to put across a valid argument regarding the "in the longer term" prognosis".

This prognosis is the longest, as they range from 3, 6, 9, 12, 18 and 24 months, and "In the longer term"

This prognosis is supposed to be reserved for claimants who have chronic progressive conditions, who have no or little chance of improvement.

Therefore, how does it sit with an award of WRAG, which is supposedly to prepare the claimant for work at some time in the future ?

There is a section on "The Prognosis" in The WCA Handbook, (2nd link from the bottom, on this page) :

ESA Claims Guides

Page 123 onwards, that may be helpful.

bro58
Last edit: 11 years 1 month ago by bro58.

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11 years 1 month ago #99869 by Gordon
Replied by Gordon on topic ESA85A
Peggie

Good luck with the appeal, you have not asked any questions in regard this so I will assume you have already reviewed all of the relevant FAQs and guides, but if his is not the case, then please reply to this topic.

We regularly have questions regarding the statement "I advise that work is unlikely in the longer term", the problem is that, in itself, this does not argue for the Support Group.

There is much confusion over placement in the WRAG versus the Support Group which is most definitely not helped by the Government insistence in linking placement to a claimants ability to work, the simple fact is that this is a result of the assessment, not the assessment itself.

Claimants are placed in the WRAG or the Support Group, because they meet the relevant descriptors, so it is perfectly possible, and legal, for a claimant with MS to be placed in the WRAG for two years, despite the fact that they have an incurable and deteriorating condition and for someone with a broken leg and arm resulting from riding there mountain bike into a tree, to be placed in the Support Group for three months.

Gordon

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

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11 years 1 month ago #99873 by mactav
Replied by mactav on topic ESA85A
Many thanks both of you. I think where the confusion arises for many people, including myself, are the wording of the categories, I'm treated as having limited capability for work, WRAG, yet to get into the Support Group you must be limited capability for work-related activity. They should change the wording for this group to something like 'unable to do any kind of work' and perhaps people could get their heads around it better. Kind regards P :)

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11 years 1 week ago - 11 years 1 week ago #102287 by mactav
Replied by mactav on topic ESA85A
Hi All

I have been waiting weeks now for the Manager to look at my files so that I may have copies for my appeal from WRAG to Support Group, under the FOI Act. Telephoned her today to be told that a new directive has been introduced whereby if a doctor has already done a report for benefit claims that they can no longer look at patients files and give copies of any medical notes etc. I pointed out that I had in effect paid for a private report, at the cost of £50, to send with my transfer claim from IB to ESA and that DWP had not sent any forms for my GP to complete. I had to let Benefits and Work mods know about this new problem that may or could be ahead. The Manager had said she is going to have a chat with my GP about this new directive. I asked where it had come from. She said it was to do with the Welsh Office and the fact that GPs are spending a lot of time on appeals. She also seemed to think that it is going to be nationwide. I am awaiting a telephone call on the subject and will update you as soon as I have any news. If this is going to happen and the directive seems to suggest it will then I feel the only way around it would be for no-one to ask or pay their GP for any reports for ESA or DLA to support their claims but to go straight to the end and ask for copies of all their medical reports, docs etc and send these at the outset of their claims instead of at an appeal stage. Have any of you Mods heard of this please? Thankyou in anticipation, regards for the work you all do, :cheer:
Last edit: 11 years 1 week ago by bro58.

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  • bro58
11 years 1 week ago - 11 years 1 week ago #102292 by bro58
Replied by bro58 on topic ESA85A

Peggie wrote: Hi All

I have been waiting weeks now for the Manager to look at my files so that I may have copies for my appeal from WRAG to Support Group, under the FOI Act. Telephoned her today to be told that a new directive has been introduced whereby if a doctor has already done a report for benefit claims that they can no longer look at patients files and give copies of any medical notes etc. I pointed out that I had in effect paid for a private report, at the cost of £50, to send with my transfer claim from IB to ESA and that DWP had not sent any forms for my GP to complete. I had to let Benefits and Work mods know about this new problem that may or could be ahead. The Manager had said she is going to have a chat with my GP about this new directive. I asked where it had come from. She said it was to do with the Welsh Office and the fact that GPs are spending a lot of time on appeals. She also seemed to think that it is going to be nationwide. I am awaiting a telephone call on the subject and will update you as soon as I have any news. If this is going to happen and the directive seems to suggest it will then I feel the only way around it would be for no-one to ask or pay their GP for any reports for ESA or DLA to support their claims but to go straight to the end and ask for copies of all their medical reports, docs etc and send these at the outset of their claims instead of at an appeal stage. Have any of you Mods heard of this please? Thankyou in anticipation, regards for the work you all do, :cheer:


Hi P,

I have prepared a response to your post, but can you first clarify whether the manager that you speak of is from The DWP, or is it your G.P. practice manager ?

Or somewhere else.

bro58
Last edit: 11 years 1 week ago by bro58.

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