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WRAG compatible with Middle rate care?

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12 years 11 months ago - 12 years 11 months ago #81778 by micksville
WRAG compatible with Middle rate care? was created by micksville
Having searched the FAQ and forums I can find nothing definitive on this: I’ve been placed in WRAG group (appealing that) of ESA without a medical. I now have my DLA review looming. I currently get HRM and MRC.
The former shouldn’t be a problem but the latter contains the overlaps that wouldn’t have posed an issue on Incap Ben but might with ESA.
Though I get MRC for various problems, namely with needing assistance with bathing, moving around indoors, dressing, toilet needs and also getting in and out of a chair I wonder if there exists any evidence or stats that show if and how many people currently claim ESA (WRAG) and Middle Rate Care as the two seem to contradict each other.
In other words, I wonder whether being found capable of work related activity automatically means an award of Middle Rate care would no longer be justified? Or does it not work that way? (I understand any ESA report can be used to determine DLA and vice versa but is there a set criteria that would suggest WRAG to be incompatible with retaining MRC)?
The ESA 85(a) does give a prognosis of at least two years and even says the claimed level of disability is consistent with the evidence before the ATOS assessor. It also says I have a “ significant level of disability due to” etc. However, it is especially the overlap between rising from a seat in DLA and “transferring from one seated position to another” in ESA that puzzles me. Are these now treated as one and the same action?
Last edit: 12 years 11 months ago by Gordon.

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12 years 11 months ago #81781 by Gordon
Replied by Gordon on topic Re:WRAG compatible with Middle rate care?
micksville

I think you are reading too much into the limited relationship between DLA and ESA.

I am afraid there are no statistics that I am aware of that cover the scenario you have detailed, however, I am not aware of anybodies DLA cliam being affected by a successful ESA claim.

Being found capable of Work Related Activity is in no way incompatible with being in receipt of DLA Care at any level, in fact many DLA claimants also work.

Obviously, where there are overlaps between the two benefits, you need to be consistant in your responses, however, you should remember that a decision to award DLA Care is the result of a number of tests being aggregated whereas ESA is based on you meeting the requirements of individual descriptors with very specific definitions.

I would suggest you concentrate on your DLA renewal and not worry about what happened with your ESA claim.

Gordon

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

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12 years 11 months ago - 12 years 11 months ago #81783 by micksville
Replied by micksville on topic Re:WRAG compatible with Middle rate care?
Thanks Gordon. It's just such a minefield these days that I try and be aware of every angle. However, I was awarded ESA ( WRAG) with a lengthy prognosis and an admission that I had significant disabilities so at least the report says that much.
Last edit: 12 years 11 months ago by Gordon.

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