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    • Thank you for that i thought id just ask as i was unsure.  Just hope its returned to me and doesnt spend the rest of its life going back and forth to Singapore  
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    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
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Hello, i'm looking for a little information..........

 

I went to the atos "assessment" and after a few weeks wait i've been put into the work focused group, i'm just looking for some information on what that means exactly? also where do I find out when my re-assessment date is? i'm guessing since i've been put into this group that I will be re-assessed quickly.

 

My other question is, since the atos "assessment" my medication has doubled in strength, would this be grounds for appeal? I just got the letter through a few days ago about being placed in that group, I don't have a copy of my medical report as I don't know how to get one or who I ask for one, is it dwp or atos?

 

My other question is, if I appealed that I should be in the support group, would they stop my benefit until this has been dealt with and can they stop my benefit altogether meaning I would be put onto jsa? I read somewhere that this could happen but i'm not sure if it's true...

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The support group is very hard to get into and has specific criteria - it is not simply on how sick you are. These are the criteria:

 

1. Walking or moving on level ground. Cannot –

a. Walk (with a walking stick or other aid if such aid is normally used);

b. Move (with the aid of crutches if crutches are normally used); or

c. Manually propel the claimant’s wheelchair; more than 30 metres without

repeatedly stopping, experiencing breathlessness or severe discomfort.

2. Rising from sitting and transferring from one seated position to

another.

Cannot complete both of the following –

a. Rise to standing from sitting in an upright chair without receiving physical

assistance from someone else; and

b. Move between one seated position and another seated position located

next to one another without receiving physical assistance from someone

else.

3. Picking up and moving or transferring by the use of the upper body

and arms.

(Excluding standing, sitting, bending or kneeling and all other activities

specified in this Schedule).

Cannot pick up and move 0.5 litre carton full of liquid with either hand.

4. Reaching.

Cannot raise either arm as if to put something in the top pocket of a coat or

jacket.

20

5. Manual dexterity.

Cannot—

i. turn a “star-headed” sink tap with either hand; or

ii. pick up a £1 coin or equivalent with either hand.

6. Continence.

A. Continence other than enuresis (bed wetting) where the claimant

does not have an artificial stoma or urinary collecting device.

a. Has no voluntary control over the evacuation of the bowel;

b. Has no voluntary control over the voiding of the bladder;

c. At least once a week, loses control of bowels so that the claimant

cannot control the full evacuation of the bowel;

d. At least once a week, loses control of bladder so that the claimant

cannot control the full voiding of the bladder;

e. At least once a week, fails to control full evacuation of the bowel,

owing to a severe disorder of mood or behaviour; or

f. At least once a week, fails to control full-voiding of the bladder, owing

to a severe disorder of mood or behaviour.

B. Continence where the claimant uses a urinary collecting device,

worn for the majority of the time including an indwelling urethral or

suprapubic catheter.

a. Is unable to affix, remove or empty the catheter bag or other collecting

device without receiving physical assistance from another person;

b. Is unable to affix, remove or empty the catheter bag or other collecting

device without causing leakage of contents;

c. Has no voluntary control over the evacuation of the bowel;

d. At least once a week loses control of bowels so that the claimant

cannot control the full evacuation of the bowel; or

e. At least once a week, fails to control full evacuation of the bowel,

owing to a severe disorder of mood or behaviour.

21

C. Continence other than enuresis (bed wetting) where the claimant

has an artificial stoma appliance.

a. Is unable to affix, remove or empty stoma appliance without receiving

physical assistance from another person;

b. Is unable to affix, remove or empty stoma without causing leakage of

contents;

c. Where the claimant’s artificial stoma relates solely to the evacuation

of the bowel, has no voluntary control over voiding of bladder;

d. Where the claimant’s artificial stoma relates solely to the evacuation

of the bowel, at least once a week, loses control of the bladder so that

the claimant cannot control the full voiding of the bladder; or

e. Where the claimant’s artificial stoma relates solely to the evacuation

of the bowel, at least once a week, fails to control the full voiding of

the bladder, owing to a severe disorder of mood or behaviour.

 

7. Maintaining personal hygiene

.

a. Cannot clean own torso (excluding own back) without receiving physical

assistance from someone else;

b. Cannot clean own torso (excluding back) without repeatedly stopping,

experiencing breathlessness or severe discomfort;

c. Cannot clean own torso (excluding back) without receiving regular

prompting given by someone else in the claimant’s presence; or

d. Owing to a severe disorder of mood or behaviour, fails to clean own

torso (excluding own back) without receiving –

i. physical assistance from someone else; or

ii. regular prompting given by someone else in the claimant’s presence.

8. Eating and drinking.

A) Conveying food or drink to the mouth.

a. Cannot convey food or drink to the claimant’s own mouth without

receiving physical assistance from someone else;

b. Cannot convey food or drink to the claimant’s own mouth without

repeatedly stopping, experiencing breathlessness or severe discomfort;

22

c. Cannot convey food or drink to the claimant’s own mouth without

receiving regular prompting given by someone else in the claimant’s

physical presence; or

d. Owing to a severe disorder of mood or behaviour, fails to convey food or

drink to the claimant’s own mouth without receiving –

i. physical assistance from someone else; or

ii. regular prompting given by someone else in the claimant’s presence.

B) Chewing or swallowing food or drink.

a. Cannot chew or swallow food or drink;

b. Cannot chew or swallow food or drink without repeatedly stopping,

experiencing breathlessness or severe discomfort;

c. Cannot chew or swallow food or drink without repeatedly receiving

regular prompting given by someone else in the claimant’s presence; or

d. Owing to a severe disorder of mood or behaviour, fails to –

i. chew or swallow food or drink; or

ii. chew or swallow food or drink without regular prompting given by

someone else in the claimant’s presence.

9. Learning or comprehension in the completion of tasks.

a. Cannot learn or understand how to successfully complete a simple

task, such as the preparation of a hot drink, at all;

b. Needs to witness a demonstration, given more than once on the same

occasion of how to carry out a simple task before the claimant is able to

learn or understand how to complete the task successfully, but would be

unable to successfully complete the task the following day without

receiving a further demonstration of how to complete it; or

c. Fails to do any of the matters referred to in (a) or (b) owing to a severe

disorder of mood or behaviour.

10. Personal action.

a. Cannot initiate or sustain any personal action (which means planning,

organisation, problem solving, prioritising or switching tasks);

Appealling can result in your whole award being taken away at appeal, so you need to be very sure you fit into the above descriptors.

Regarding the work focused group. All it means (as was said on another thread) is that you get slightly less money than in the support group and that you attend 6 work focused interviews to discuss your work capability. Ignore what other people said. They cannot, by law, force you to work in any capacity. The only requirement is that you attend the interviews - anything else they offer is voluntary.

You need to contact the DWP for a copy of the medical report, and you can also ask them when your resassessment date is.

 

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There is also the exceptional circumstances route into the support group:

 

Life threatening disease

 

 

The first regulation says that you will be found to have limited capability for work if :

 

 

a) you are suffering from a severe life threatening disease in relation to which:

 

 

(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a

 

 

recognised therapeutic procedure, and

 

 

(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be

 

controlled by a recognised therapeutic procedure

Substantial risk

 

 

The second regulation says that you will be found to have limited capability for work if:

 

 

(b) 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 youwere found not to have limited capability for work

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You don't have to send in any more med certs, whichever group you're in. You can't be made to do anything as a result of the interviews that you don't want to do. There are no sanctions for refusing a suggested course of action. And as rossa says the exceptional circumstances apply, but it is important to consider the risk. I fit into the substantial risk category, but have chosen not to appeal wrag as in my experience, this is difficult to prove at appeal and rarely accepted. For me, I don't think its worth the stress, hassle and risk for an extra £5 a week, and to get out of the interviews - which have no teeth.

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I see your point leemack, you make a very good one at that, I think I should probably count myself lucky that I got put into this straight from the assessment, no year long dragged out appeals etc, i'll probably just leave it as you said, I just hope I don't get another of these esa50 forms in a couple months! I should still be able just to request a copy of the medical assessment without it causing hassle though, right? just for future ref.

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Hi

 

thanks for all the info guys.

 

What sort of things do they cover in the 6 interviews? ie, work you can do, courses, training etc?

How long do the interviews last?

Is it more a case of a meeting than an interview, ie must dress smartly and take CV etc?

Do you have to show evidence of showing you are taking steps to improve your chances of work, ie sending CV, courses, reading newspaper ads for jobs etc like JSA?

Would attending an evening course help with evidence?

What happens after the 6 interviews have been completed?

Would going on 2 wk respite holiday be classed as reasonable excuse for not attending - booked prior to knowing about going into the WRAG (and yes my partner/carer is coming on holiday too)

CAN VOLUNTARY WORK BE SUGGESTED OR ENFORCED? IN FACT ANY WORK BE ENFORCED

oops caps,

Can going back to University be counted as assisting in returning to work, as in education Disability support can be guaranteed through grants etc?

Do they require you to attend JCP to Sign every week?

 

I hear that TNG are the company who are now conducting the interviews here in Cheshire, as I believe from Apr 2011 they are now called "workchoice"?

 

What else can I expect being in WRAG.

 

I have just been placed in the WRAG after having a medical at home, as the ATOS Office is inaccessible to a Heavy Duty wheelchair, which I use due to my condition caused by Cancer Radiation treatment. I know how ironic a medical assessment place that is inaccessible to diabled clients!!

I was in the Support Group, and my condition has not improved in fact worsened and my medications have increased however thoughts of those who work for ATOS are far from the reality of the people who actually have to endure the paperwork and beauracracy of the benefits system.

 

Thanks in advance

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What's involved depends on you, really, and what you need or want. You don't have to take any evidence with you, you're not expected to be looking for work, or even trying to prepare for looking for work. There are no sanctions and no requirement to undertake any of the interventions suggested, there is no enforcement of anything apart from attendance at the required interviews, there is no signing of any kind. Once the interviews are completed, you may have to attend a standard yearly one - not sure about that.

 

Of course you might want to get help, in which case they are supposed to help. Though the help they can give depends a lot on what funding is available for. Appointments can be rearranged. no problem - just give good notice, I rearranged mine. If going onto education, they may be able to assist - not sure, but you need to ensure that any education (or voluntary or permitted work) is not contrary to your assessed limited capability for work assessment. So for instance if you've said you can't sit for more than 20 mins and then go to uni, sitting in lectures for an hour or two at a time, then you might find yourself no longer qualifying for ESA.

 

You seem very worried, please don't worry. these interviews are a nothing. I went to mine, he agreed I couldn't work, and I gave him some benefit advice as he was being made redundant. No problem.

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Hi, I was offered a one day city and guilds course for customer service which I just declined. You dont have to justify your self.

A few of the courses I was offered were more like hobbies and you had to pay for them your self.

I just attended the interviews and explained each time that I would do something when I felt healthy enough to do so.

I think that if you indicate that you are up for these stupid courses then they are more likely to offer them to you.

If I was well enough to attend coursed then I would be well enough to get a job.

The girl I saw told me that they are target driven an do have to help a certain percentage of people into work but I was told that there were no jobs that I could fit into.

They write everything you say down.

I had to sign to say I had attended and they never took longer than 15 minutes. It was a struggle to get there and a bit of a waste of time in my circumstances.

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Hi,

 

thanks for all your replies. Yeah I am a little concerned, but cant you blame me, 1. having your future decided by someone else who has no interest in my welfare, 2. that person being employed by JCP and also a CONDEM government that so far has created a huge mess up with all policies they have amdended.

 

Regardless of that, I am trying to improve my future in my own time, and pace and also to ensure I do things in a methodical way that allows me time to adapt with my disability and also do it in the right areas.

 

I have follow up appointments for the next 10 yrs, and have regular unscheduled hospital appointments, physio, hydro amonst other complimentary therapy sessions. These themselves will not be looked upon favourably by an employer as I would need time and also rest periods to recover after them, and employers therefore cannot rely on my punctuality or my attendance. Whilst I want to work and also in a field I have experience, capability and skill, I want to enhance my profile of being employable by updating my knowledge and skill as I have been out of work nearly 3 yrs since my cancer diagnosis.

So I considered returning to UNI for an additional year in Sept 2011 to update my HND to a BA HONS.

As I know the Lecturer personally the understanding has always been if Sept 11 is not the right time to commit to UNI then my place will be deferred for 1 yr. As my condition is unpredictable, and required continuous monitoring and treatment I do not know until the time if it will be suitable.

 

I considered the fact that returning to full time work would be out of the question at present due to tiredness, fatigue, medications, and other contributing factors. Therefore part time work would have to be better as long as it was flexible to my needs and disability and circumstances at the time. Therefore I considered returning to education to be in the same bracket as part time work, allowing me a little flexibility, ability to work from home (allowing me to be close to care, alarm systems, and adapted bathroom etc). The actual course I would attend for 1 yr is classed as full time, but only consists of 1 full day on a Monday, and 2 half days a week. This allows me time to rest between attending, and the felxibility to work at my own pace, in my own environment at home, or be free to adapt my surroundings in UNI, i.e can stand, or sit when required, take a break when required, have disabled assistance to carry my equipment, have assessments on seating, or other equipment to assist me in my comfort etc. I also saw this as a great step to build confidence for the mental health side of my disability, in meeting people, and working within a team again without the added pressure of a workplace in order to perform well etc for targets.

As I have completed a HND many years ago I spoke to Student Finance who advised you are entitled to 4 yrs finance in case you fail a year during a 3 yr degree.

The disabled information from SKILL has been very encouraging, as have the UNI itself, and advising after assessment they can offer 100% support physically and mentally to ensure my attendance will be a stress free as possible to allow me to feel as integrated as possible.

 

How would the WRAG look upon this decision?

I was waiting till July time which is after my most recent MRI and oncology appointments etc in order to make an informed decision supported my my medical doctors and consultants before I confirmed my place at UNI.:???:

I completed the ESA50 and medical honestly and in an everyday situation. I have trouble walking more than 20 mtr without discomfort, I am unable to sit for periods of longer than 10-15 without needing to move, I am unable to stand for longer than 2-3 minutes without discomfort and have occasions of feeling faint and weak. I do have bouts of incontinence which are managed as best possible, and with the support of my partner/carer. I am unable to reach down to pick up a coin, nor reach above to lift a container without feeling steady on my feet. I struggle to lift weight with my right and left arm, and recently poured a hot kettle over my wrist trying to make a cup of tea. I find new situations daunting, and lack confidence and self esteem. I suffer from regular bouts of anxiety and fear change. I am still taking morphine bases medication, along with PTSD/Depression medication. I have been having counselling for sometime also to help with my mental state but suffer with OCD and need a methodical approach towards life with lists, etc and change doesnt sit well within my day and I suffer anxiety just thinking about what could go wrong.:shock:

 

I still require the following consultants:Oncology, Dietician, Physio, Hydrotherapy, Lymphoedema Specialist, Aromatherapist, Reiki Healing, Accupuncture. I require full assistance with washing, drying, dressing, cooking, cleaning and emotional support with day to day duties. I live in a sheltered complex with an adapted bathroom and kitchen, and rely on a medically assited profiling bed in order to assist in elevating my limbs to avoid oedema.

 

I feel at this time with my current health and upcoming appointments with MRI, CHEST XRAY due for cancer follow up, along with other medical issues I am unable to attend UNI, or work of any capacity.:|

 

How would WRAG advisors look upon my case? "LEEMACK" could you respond with respect that you work within this environment?? :|

 

I have been completely honest here, and hope that people on this forum are not like the people I have had the unpleasant experience of knowing to have relished in the fact of threatening reporting claimants, or that of their prejudice and judgemental attitudes until they are sadly in the same position having experienced the same trauma the past 3 yrs as I have.:roll:

 

I am only 33 years old so having the trauma of cancer and treatment, and following up along with the circumstances of its occurence it has been somewhat of a rough few years. :-) but still smiling.

 

I am honest, and want to improve my life for the better in the right steps. I dont want to be just judged as a number like all other ESA claimants have been without having their case and circumstances of being individual taking into account.

 

I would greatly appreciate any feedback, and yes I have OCD and I am completelty fearful of my future having the DWP making decisions on my life without my input or ability to come into it.

 

Thanks in advance for reading and replying, sorry if it sounds like I am moaning but sadly I feel very worried and threatened by the DWP and its hold over me, as benefits sadly are my only source of income and without them I have nowhere to turn.

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It doesn't sound like you're moaning, just very anxious. People on this forum tend to be understanding and non judgemental.

 

The first thing to consider is whether you can be in full time education and claim ESA at the same time. As far as I'm aware this is only possible if you also receive DLA.

 

When you did start your course and informed the DWP, if I were you, I would write an in depth letter detailing all of the special steps you have taken in order to be able to manage on the course - this should put prevent them being able to say that you are undertaking activities that you have scored points for not being able to do. Just to be sure you cover all points, you may want to request a copy of your atos report from the DWP just so you can see where you scored your points.

 

It is important to remember that it won't be the advisers you see at the work focused interviews who make any decisions (or even have any knowledge) about your claim or capability for work, but the decision makers at the DWP. The advisers at WFI's are totally separate from the DWP, and just report back via computer that you attended/did not attend the interviews.

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The first thing to consider is whether you can be in full time education and claim ESA at the same time. As far as I'm aware this is only possible if you also receive DLA.

 

I heard that and also heard that if you don't claim DLA, you must be sick / disabled for at least 28 weeks before claiming?

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I heard that and also heard that if you don't claim DLA, you must be sick / disabled for at least 28 weeks before claiming?

 

Unfortunately, that doesn't apply under esa. It did apply if claiming IS due to incapacity, but now with ESA, the only route is to be on dla.

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Hi

 

Thanks for the replies.

 

I would prefer to remain on ESA, however have also considered the student loan route instead. I am in receipt of DLA and have been on ESA since 2009. However I have been moved from the SG to the WRAG recently.

I did an evening 3 hr course several months ago and notified both DLA and ESA, but did struggle to attend and be comfortable in completing the course as the level of disabled support wasnt as good being only a part time vocational course.

The only difference with attending Uni would be furtheing my education and employability whilst I am incapacitated by my disability. Also utilising the suport offered to me being disabled. My condition is for life, and not treatable by drugs only physio, hydro and self management, however I am positive and determined at 33 not to let this disability take control of my life. I have spent 3 hard years beating cancer, treating the effects and also recovering from them. I am not intent on reaning on benefits forever as free handouts but to rely on them until I am physically able to rely on myself and my own resources.

I intend to work after uni graduation part time locally or even freelance from home as have many fields available through friends and aquaintances in the future to possibly gain work on a freelance basis.

 

I am hoping that when I explain my own thorough plan and projection of finances, benefits, and education in terms of gaining work in the future ESA WFI advisors will agree and understand I am not just happy to continue as I am.

 

Like I said having OCD means I have thought and worried about this for many many months, and have worked out the best possible action for me with pace, and ability paramount to allow me time to adjust with my condition and successfully be able to reach my goal without further health, benefit or akternative setbacks,

 

thanks

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DLA would only need to know about education if it now means your care and /or mobility needs change. When I went to uni, I moved. It was a simple case of "here's my address" and that was it. My course didn't contradict any care and /or mobility needs I have.

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DLA would only need to know about education if it now means your care and /or mobility needs change. When I went to uni, I moved. It was a simple case of "here's my address" and that was it. My course didn't contradict any care and /or mobility needs I have.

 

Although be careful, I have had two clients whose DLA was suspended after the DWP found they had returned to work. Their disability hadn't changed, but the DWP claimed it was a relevant change of circumstances that should have been notified. The DLA was reinstated in both cases, but only after several months of wrangling.

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Hi

 

thanks for the reply.

I notify both ESA and DLA in any changes good or bad.

I received the medical report from my WCA today that was done a few weeks ago that has seen me move from the ESA SG to the WRAG.

the doctor has marked me 0 for all components.

Listed all meds but not dosages

Listed that I dont see any specialist - when in fact I have 3 who I see regularly among other treatments

Stated "no significant disability" - why am I awarded DLA and require 24hr care with washing, dressing, cooking and day to day duties?

States my scar is well healed - the scar isnt the issue, the internal radiation scarring on other organs such as bowel, bladder etc

Stated "mild impairment only of right thigh"? when in fact the condition is listed by my consultant in both lower limbs and abdomen, considerable in right 2kg/2lt+ fluid.

States "mild anxiety and depression" - taking ZOLOFT for this, and possible PTSD confirmation from GP on next visit.

 

I am going to appeal the decision, based upon poor use of evidence, and specific to my conditions and mobility.

 

Next week I have many appointments - tuesday - lymphoedma Specialist and Blood Test for Oncology, Wedsnesday - counselling, Thursday - aromatherapy massage and reiki, Friday, MRI scan, Chest XRAY, Consultant Oncology follow up, and the week after I have accupuncture, physio and hydrotherapy.

 

If I am fit for work, A. why do I have all these appointments as continual monitoring and care of my condition, and B. how does the Jobcentre think and employer would see fit allowing me time off to attend all these required appointments to improve and monitor my condition and mental health?

 

Going to seek advice from a solicitor, and have the support of my, Lymphoedema specialist, oncologist, Macmillan Nurse, Social Worker, GP, Physiotherapist and my counsellor.

 

Just cant cope with the threat and pressure and stress of the black cloud hanging over me all the time, and the fear of losing all monies all together as have no other income to fall back on. This in itself is enough to cause PTSD with the DWP constantly giving you cause to feel alienated and vitimised for having a health condition that is out of your control.

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I take it you mean you scored 0 for the descriptors for the support group?

 

Do you fit into any of the support group criteria?

 

Being put into the wrag group does not mean that you're considered fit for work, but that you could consider some work related activity.

 

Its important to think carefully before deciding whether to appeal being put in the wrag and not the support group. Firstly you need to be very sure you fit the support group criteria. Even if you do, its for an additional around £5 a week, and the right not to attend the 6 WFI's. The appeal process is stressful, and at the tribunal there is a risk of your whole award being taken away.

 

On the other hand, if you don't necessarily fit the support group criteria, but are angry about being misrepresented on the atos report (and rightly so), then a complaint to atos and the DWP might be a better route to take.

 

See post 3 and 5 on this thread for the support group criteria.

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Hi

 

Thanks for the response again.

 

I completed the assesment myself and scored around 19 point as feel I fit into these sections. however I think it was the "new" assessment completed as descriptors were listed and crossed out as no for all.

 

However regarding the complaint I am going to see a solicitor as feel that DWP/ATOS have only exacerbated my mental healthy in terms of trauma and stress.

One comment on the assessment which I feel to be totally unacceptable, not relevant and only an opinion of the medical assessor. It states - "normal appearance - except overweight". Why is this classed as abnormal, and relevant to the assemssment when I am not claiming for benefits based on my weight. My condition means I have excess swelling to my limbs and also my abdomen. However the medical assessors comments are not descriptive to the condition, but a judgement based on my appearance and that of being classed as "overweight" in her opinion.

I feel this comment to be hurtful and upsetting, when one of my biggest issues is confidence, self image and self esteem. When a medical assessor states, that I inadvertedly look abnormal due to being in her opinion overweight.

 

On regards to an appeal, I worry about losing my DLA if I am placed in the WRAG and do not appeal, as in DLA eyes I still require 24hr care in terms of washing, drying, dressing, and daily tasks. My mobility is compromised with my condition and always will be as it is a life long condition and my consultants and specialist have prvided this info and are happy to do so again. I do really worry about the loss of the ESA award completely but feel it unacceptable to be treated in such a way as not to take into consideration my condition, the evidence, the assessment failings, and the derogatory comments made. Am I just expected to accept that one persons decision is what I should live by. I am happy to welcome the WRAG group as feel it may assist me in the forthcoming UNI in september if in fact I am fit to complete the 1 yr course then. I am desperate to get my life back and not let this condition take over. However the comments passed by the assessor that "in her opinion i am just unhappy about the cancer diagnosis and dwelling on it" as such is not true. I never wanted cancer, nor do i want it again. only a cancer patient or survivor can truly explain how it feels having the constant threat of it returning and a 3mth or 6mthly cycle of follow up tests.

Do the DWP want blood from us, people who truly want to improve my life, but in step by steps and not rushed or inconvenient not only to me and my health but that of an education centre or an employer.

 

Please advise on comments made, as feel this should be raised.

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However the comments passed by the assessor that "in her opinion i am just unhappy about the cancer diagnosis and dwelling on it"

 

That's disgusting. With any diagnosis, it's not exactly something you get over. Being upset and /or shocked about a diagnosis is normal. That comment makes it sound as though cancer is nothing and that you should get over it.

 

With regards to DLA - ESA shouldn't trigger a review. Although it may look suspicious if you claim on your DLA you can't do something, yet on the ESA form (or vice versa) you imply you have no problems doing it. The criteria for both are actually very different. ESA looks at work and DLA looks at your daily life in general.

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The comments made on the report are unacceptable, and certainly merit a complaint.

 

However, I think you may be confused between the wrag descriptors and the support group descriptors. You score points to get into the wrag, and then if you fulfill any of the criteria for the support group - you get in. I think that's how it works.

 

With ESA you go through two assessments - one is to assess if you have limited capability for work - which you obviously scored on as you have been put in the wrag. The second part (for the support group) is to assess if you have, basically, no capability for any work at all. If you look at the criteria for the support group, you have to fit into a very narrow set of criteria that are very specific, and add to that the difficulty of convincing the assessor that you fit the criteria... Anyway, being in the wrag rather than support group doesn't affect your DLA unless as nystagmite says, you don't score on criteria you got dla for. I'm in the wrag and I get DLA.

 

For example if you are saying you are unable to wash your torso (the front of your upper body) without someone else's help, then you would fit the criteria for the support group - but note the narrow criteria - hair, legs, arms and back don't count, just the front - so basically chest and stomach. The dwp know very well that only the most severely disabled person cannot manage this. Another example is the mobility - for the support group if you can propel a wheelchair 30metres then you don't pass - even many severely disabled people can manage this. The criteria are a joke, and you shouldn't feel offended not to be put in the support group, but do get angry and complain about the report - the more of us who do this the better.

 

Does this help at all?

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