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IB to S.Group - via "exceptional circumstances"
- elelel
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12 years 4 months ago #92895 by elelel
IB to S.Group - via "exceptional circumstances" was created by elelel
I was recently moved from long-term IB (15+ years, declared "Exempt" each time) to Cont-Based ESA (limited capability for WRA). I want to question the decision. I read somewhere (a BW pdf?) that a person deemed a risk to himself or others by being placed in WRAG should be put in S.Group-regardless of any other non-M.Health descriptors. My med report-which I wasn't required to attend-states: "Overall evidence does not suggest the S.G, however he would satisfy the threshold with combination of M.H descriptors". Sorry, but I'm confused, because the BW pdf (understanding_ESA_newtest.pdf page27) says "Are you covered by the limited capability for work-related activity exceptional circumstances rules? Finally, some people who are not exempt and to whom none of the limited capability for work related-activity descriptors apply are still eligible for the support group. This is because the exceptional circumstances rule applies to them. You will be treated as having limited capability for work-related activities if: you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found *** NOT *** to have limited capability for work-related activity .". Please can someone direct me to the ESA Regs, where this clause(s) is stated, or explain if I am making the wrong assumptions entirely. Further, why might the D.Maker decide contrary to ATOS' seemingly unequivocal statement (eligibility for S.G)? Also, is there any advice on how NOT! 2 get myself "sanctioned" as a result of a "work-focused" interview?
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- Gordon
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12 years 4 months ago #92902 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:IB to S.Group - via "exceptional circumstances"
elelel
From your post the medical report seems to be suggesting that you be placed in the WRAG.
"Overall evidence does not suggest the S.G" would suggest you did no meet any of the Support Group descriptors.
"he would satisfy the threshold with combination of M.H descriptors" I take to mean that you scored a total of 15 points or more for the WRAG.
To be placed in the Support Group under Exceptional Circumstances, you would need to provide specific evidence that your carrying out Work Related Activity would be a danger to your health or you would be a danger to others. The specific regulation is ESA Reg. 35(b).
Work Related Activity includes attending WFIs, performing work return activities such as drawing up an action plan and creating a CV, attending training as necessary and finally, the possibility of being forwarded to the Work Programme.
In pinciple, avoiding sanctions is very easy, just do what the JC+ advisor tells you to do, however, they must take your conditions into account when making decision on what activity you should do, so don't assume you have to do things without objection. Sanstion Decisions are appealable.
Gordon
From your post the medical report seems to be suggesting that you be placed in the WRAG.
"Overall evidence does not suggest the S.G" would suggest you did no meet any of the Support Group descriptors.
"he would satisfy the threshold with combination of M.H descriptors" I take to mean that you scored a total of 15 points or more for the WRAG.
To be placed in the Support Group under Exceptional Circumstances, you would need to provide specific evidence that your carrying out Work Related Activity would be a danger to your health or you would be a danger to others. The specific regulation is ESA Reg. 35(b).
Work Related Activity includes attending WFIs, performing work return activities such as drawing up an action plan and creating a CV, attending training as necessary and finally, the possibility of being forwarded to the Work Programme.
In pinciple, avoiding sanctions is very easy, just do what the JC+ advisor tells you to do, however, they must take your conditions into account when making decision on what activity you should do, so don't assume you have to do things without objection. Sanstion Decisions are appealable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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