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

Just found the bit of the FAQs I was looking for:

Original legislation

Example Seven
A claimant was subject to the time limitation for ESA(CB and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.

The claimant cannot be placed in the Support Group as they have no entitlement to ESA.

Proposed amendment:

Example Seven
A claimant was subject to the time limitation for ESA(CB) and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.

The claimant is placed in the Support Group and their ESA(CB) is re-instated, however, if at any time they no longer meet the criteria for the Support Group, their entitlement to ESA(CB) ceases immediately.

CatherineS wrote:

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?

MS despite so many queries about it is according to the UK MS Society, of which I've been a member since 1986 is a pretty rare disease. According to the MS Society, there are approximately 175,000 with confirmed MS in the UK which has roughly a population of 60 million or so.

However, as I'm sure you're aware MS comes in all shapes and sizes. There are many in the UK who have benign MS, so have no symptoms whatsoever. Others have a remitting/relapsing form, others a secondary progressive type, and a small number have primary progressive MS which may or may not deteriorate rapidly.

With MS ( as with all other neurological disorders) the prime consideration, is for DLA & I suspect for ESA also is any care or mobility problems that the person may have, the name of the condition is secondary.

Jim Allison

(diagnosed with MS in 1986, but since then my mobility & care needs have increased dramatically over time.)

The amendment is no 43, moved on 11 January 2012 by Lord Freud – because he is the one actually sponsoring the bill through the Lords I have assumed that his amendment is automatically accepted into the bill. (But I am open to correction on this.)

I got it from
www.publications.parliament.uk/pa/ld2012...text/120111-0002.htm
fairly near the bottom.

Amendment 43
Moved by Lord Freud
43: After Clause 51, insert the following new Clause-
"Further entitlement after time-limiting
(1) After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted-
"1B Further entitlement after time-limiting
(1) Where a person's entitlement to a contributory allowance has ceased as a result of section 1A(1) or (2A) but-
(a) the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,
(b) the person satisfies the basic conditions, and
(c) the person has (or is treated as having) limited capability for work-related activity,
the claimant is entitled to an employment and support allowance by virtue of this section.
(2) An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part."
(2) In section 1 of that Act (employment and support allowance), in the definition of "contributory allowance" in subsection (7), after "subsection (2)(a)" there is inserted "(and see section 1B(2))"."
Amendment 43 agreed.

Thanks Gordon.

This whole WRB thing has been making me feel very vulnerable, and I have really appreciated this site - guides, news, mods and other posters - for reliable info and support and knowing I'm not the only one suffering/campaigning.

So this might not be the right moment/thread to say so, but thanks.

Elaine