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Have MS, in WRAG, shouldnt I be in support?

  • CatherineS
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12 years 11 months ago #81122 by CatherineS
I have multiple sclerosis and been placed in WRAG group. If that's what they want then I don't object to this per se, but I am painfully aware that this will only last for 1 or 2 years. What will happen then?

So I am appealing. I've just received a copy of the ESA85 form and in the "Prognosis" section the doctor says "Functional Problems: I advise that a return to work is unlikely for at least 2 years" and "The history and examination indicates that the client is unlikely to return to work in the longer term".

However, in the limited capability for Work-Related Activity section the doctor has indicated that I do not meet any of the descriptors. In my opinion this is because they are so specific, and none of them cover my specific disablities, apart from one minor one, i.e. when having a relapse I cannot pick up and move a 0.5 litre carton full of liquid, but only because I am likely to drop it.

I feel I should respond to this ESA85 form, but not sure how I can. Although it is obvious that I am very unlikely to get better and therefore my ESA should not be limited to 12 or 18 months, I don't seem to be able to score any points on the limited capability for work-related activity descriptors.

Is it worth me continuing with this appeal to get into the support group?

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12 years 11 months ago #81126 by Gordon
Catherine

The Support Group is not point based, you need to meet one or more of the relevant criteria. See

Qualifying for the Support Group

The fact that you only meet one descriptor for the SG is not important, as that is all you need. However, you need to show at the very least, that for the majority of the time you meet that descriptor.

So, if you only meet that criteria when you have a relapse, and you only occassionally have relapses, then you are unlikely to qualify.

You shoulld not assume that your ESA will only be limited to 12 or 18 months. ESA will be paid as long as you meet the criteria, awards are not made for a specific period of time. What the 12-18 month represents is the likely timescale for a re-assessment.

That said, there is one exception to the above which is the proposed time limiting of ESA(CB) for members of the WRAG which is explained in the following FAQ.

12 Month Limit for ESA(CB)

If you have further questions please reply to this thread.

Gordon

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

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  • CatherineS
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12 years 11 months ago #81138 by CatherineS
Replied by CatherineS on topic Re:Have MS, in WRAG, shouldnt I be in support?
Thanks for your reply Gordon.
The 12/18 months I referred to should have been 12/24 months, and I did mean the proposed time limiting.

So I have checked the links you posted, and if I don't get into the support group at this time then I hope to god that the amended legislation is passed, because if it is the original legislation then after 12 months not only will I no longer be eligible for ESA, but if (or shouldn't that be "when", given that MS is progressive) my condition deteriorates I will not even be able to be placed in the support group as I will no longer have any entitlement to ESA!!!!!

This situation is even worse than I first thought :ohmy: :( :angry:

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12 years 11 months ago #81160 by elaine pyrke
Replied by elaine pyrke on topic Re:Have MS, in WRAG, shouldnt I be in support?
An amendment to the Bill (proposed in the Lords by Lord Freud, so I assume this means it gets through) is that, if you use up your year in the the WRAG but later worsen, you can then go into the SG - as I read it, you do have to carry on claiming ESA in the interim though.

Personally I can't imagine anything more likely to cause my health to deteriorate than the stress of forms/medicals/appeals/tribunals without getting any money...

I haven't been following the Commons today, maybe the time limit has been abolished (in my dreams).

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12 years 11 months ago #81217 by slugsta
Elaine, I noticed that amendment by the government too. As you say, it is going to be a tough decision to work out whether to keep on jumping through the hoops in case one needs the support group at a later stage especially for people who, like me, have enough NI contributions for pension entitlement.

Unfortunately, the Commons voted against the Lords amendments yesterday. A lot of them argued that people with longterm and/or progressive conditions would be in the support group anyway - which just goes to show their ignorance in this matter :angry:

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  • CatherineS
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12 years 11 months ago #81295 by CatherineS
Replied by CatherineS on topic Re:Have MS, in WRAG, shouldnt I be in support?
Did the commons vote against every single amendment? How can I find out what exactly this means for those of us with long-term illnesses who are placed in the support group? Will we not be able to move into the Support group if our condition deteriorates further in the future?

When I told my MS nurse that I was in the WRAG group she didn't think it would be too much of a problem - many of her MS patients are in that group and she says that they haven't reported any major problems, they have occasional meetings with employment support advisors and have not been forced to into unsuitable work.

She did not know that they would be kicked off ESA after one year! And so I presume that she also wouldn't know that they wouldn't be able to move into the support group in the future.

If the health professionals are not being advised, what hope is there for their patients until it is too late.

:ohmy: :S

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