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ESA - placed in WRA group - should I appeal?
- happyturtle
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14 years 6 months ago #20476 by happyturtle
ESA - placed in WRA group - should I appeal? was created by happyturtle
I am disabled with CFS/ME, on DLA HRM/LRC. When I applied for ESA, I had a really dreadful time at the health assessment - it left me in pain and bedridden for 2 weeks. After I got the decision that I was in the WRA group, I called CAB to ask for help in appealing, and they told me that I shouldn't appeal. The support group was only for cancer patients and the terminally ill, and I should just go to the work related interviews as they weren't that bad.
Okay, I know it was wrong of me to just give in at that point, but anyone who has dealt with the system knows just how exhausting and spirit-crushing it is. Add to that having a disease that only allows you a few hours' worth of energy in a day to try and accomplish everything you need to do... well, I just gave up at that point.
I went to the first interview at the job centre, then I had two more at the Royal British Legion that went fine. Some pointless activities, but I went along with it. Then the advisor I was working with left and I was assigned to someone new.
I had my first meeting with the new advisor yesterday, and she asked me how ready I was to begin a phased return to work. I said "Not at all. I'm not even going to consider doing any work until I'm well enough to bathe myself every day and walk my own dog." She said if I wasn't prepared to start going on job interviews, then I had no business being in the WRA group and I should appeal. That if I continued seeing her, she would expect me to participate in whatever activities she told me to do. She then said that she knew it was past the 30 days I was allowed to appeal but she'd get that waived somehow.
1. Is there any advantage to appealing at this point? I only have two more meetings to go to now, right? I've had 1 at the job center and 3 at RBLI so far.
2. If I appeal and fail, will I have to do the 6 meetings over again?
3. Can she really get the late appeal thing taken care of? I can't imagine what she means to do. Since I actually went to WRA interviews, I don't think 'I was too sick all along to appeal' will really fly.
4. Any other advice?
I was pretty much left in tears, as this woman was the kind of domineering type A person with boundless energy who doesn't seem to have any sort of empathy or compassion for the disabled.
Okay, I know it was wrong of me to just give in at that point, but anyone who has dealt with the system knows just how exhausting and spirit-crushing it is. Add to that having a disease that only allows you a few hours' worth of energy in a day to try and accomplish everything you need to do... well, I just gave up at that point.
I went to the first interview at the job centre, then I had two more at the Royal British Legion that went fine. Some pointless activities, but I went along with it. Then the advisor I was working with left and I was assigned to someone new.
I had my first meeting with the new advisor yesterday, and she asked me how ready I was to begin a phased return to work. I said "Not at all. I'm not even going to consider doing any work until I'm well enough to bathe myself every day and walk my own dog." She said if I wasn't prepared to start going on job interviews, then I had no business being in the WRA group and I should appeal. That if I continued seeing her, she would expect me to participate in whatever activities she told me to do. She then said that she knew it was past the 30 days I was allowed to appeal but she'd get that waived somehow.
1. Is there any advantage to appealing at this point? I only have two more meetings to go to now, right? I've had 1 at the job center and 3 at RBLI so far.
2. If I appeal and fail, will I have to do the 6 meetings over again?
3. Can she really get the late appeal thing taken care of? I can't imagine what she means to do. Since I actually went to WRA interviews, I don't think 'I was too sick all along to appeal' will really fly.
4. Any other advice?
I was pretty much left in tears, as this woman was the kind of domineering type A person with boundless energy who doesn't seem to have any sort of empathy or compassion for the disabled.
- kenny45 ord
14 years 6 months ago #20479 by kenny45 ord
Replied by kenny45 ord on topic Re: ESA - placed in WRA group - should I appeal?
Hi
Sorry to hear about your bad experience.Before the election I wrote to my MP protesting about ESA.He passed onto Jonathon Shaw and one of the points he made was that there was NO REQUIREMENT to look for work when placed in the WRA group.So I don't see how your adviser can say such things Hope all goes well
Sorry to hear about your bad experience.Before the election I wrote to my MP protesting about ESA.He passed onto Jonathon Shaw and one of the points he made was that there was NO REQUIREMENT to look for work when placed in the WRA group.So I don't see how your adviser can say such things Hope all goes well
- Survivor
14 years 6 months ago #20485 by Survivor
Replied by Survivor on topic Re: ESA - placed in WRA group - should I appeal?
You don't have to appeal if you don't want to. If you appeal and succeed, you'd end up with more money, but you could also either remain in the WRA group or even lose your benefit entirely because appeals can go both ways.
I'd be very tempted to turn up at the next interview and say that I was prepared to do whatever I was told but that if the activities I was told to do caused me any harm I would sue. But then, I can be bolshy that way.
Perhaps she needs to be reminded that the WRA group isn't for people that are fit for work, it's for people that are only fit for *work-related* activity. Not the same at all.
I'd be very tempted to turn up at the next interview and say that I was prepared to do whatever I was told but that if the activities I was told to do caused me any harm I would sue. But then, I can be bolshy that way.
Perhaps she needs to be reminded that the WRA group isn't for people that are fit for work, it's for people that are only fit for *work-related* activity. Not the same at all.
- lainie
14 years 6 months ago #20503 by lainie
Replied by lainie on topic Re: ESA - placed in WRA group - should I appeal?
Very good advice from above. Just play their silly games, say you were feeling particularly rough that week and now you are willing (if not able) to participate. Its only two more to go, and then they will leave you alone (until the next medical!) Best wishes, Lainie
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