Help needed for another ESA tribunal question

[lala1984]

Hi all,

 

Sorry for so many questions I feel incredibly stupid right now.

 

As per my previous post I won my tribunal case and ready the letter they gave me I just don't understand one thing.

 

At the top they say I have limited capability for work, it then goes on to state that I do not have limited capability for work-related activity, this is because none of the descriptors in Schedule 3 applies and nor does regulation 35.

 

What does that mean exactly?

 

Hope someone can help

[antone]

It means, basically, that you've been placed in the work-related activity group (the WRAF) [On edit, I meant WRAG, not WRAF. You have not been placed in the Womens' Royal Air Force.]. It's infuriatingly complex, but the gist of it is that it's considered that your ability to work right now is limited, but your condition isn't so bad that you couldn't possibly consider working at all. So you would be expected to attend some work focused interviews, though you can't be forced to apply for jobs or do anything else except actually show up and participate in these interviews.

 

The "Schedule 3 descriptors" are a specific set of conditions that, if you meet one of them, would place you in the Support Group - giving you a little more money and removing requirements to participate in the work focused interview. The letter is saying you don't satisfy any of these conditions. If I remember correctly, regulation 35 covers exceptional circumstances - situations where it's blatantly obvious you're too ill to work. Say, if you're terminally ill and not expected to live more than 6 months; or if you're missing both legs, an arm and one eye, or some such thing.

 

So:

 

• the tribunal has ruled (and the DWP has accepted) that you do have limited capability for work
  
• but that you don't have no capability to work at all
  
• so you're placed in the WRAG and your payments will reflect this
  
• and you'll be expected to attend up to 6 work focused interviews
  
• but your benefit can't be stopped or sanctioned as long as you attend and participate in these interviews
  
• in other words, they can't force you to take a job or apply for jobs
  

[lala1984]

Thats brilliant Antone, thank you very much.

 

Well this group thing sounds stupid if I only have to go to the appointments and nothing else.

 

This is all just so much hassle, I'd love to get back into the work place but at the moment I can't.

[antone]

Thats brilliant Antone, thank you very much.

 

Well this group thing sounds stupid if I only have to go to the appointments and nothing else.

 

This is all just so much hassle, I'd love to get back into the work place but at the moment I can't.

 

No problem (and on rereading, sorry if that post sounded flippant). The official, party line, I guess (I used to be an ESA processor) would be that the government believes that work can help folks in some situations. And personally, I believe there are some cases where that is true - I've suffered from some types of depression myself, and did find that it helped to work if I could.

 

But there's the real problem - "if I could". I was never so badly depressed that I couldn't possibly work, and for that I am grateful. But some people are badly affected. And the same applies to people with heart problems, dodgy legs, pickled livers, or any of the myriad conditions that might affect any one of us at some point in our lives.

 

For reasons of political expediency, the last two governments have decided that sick people are a target.

 

Anyhow, rant over. The idea behind the WRAG is that, while you may have limited capability for work, it's worth keeping the idea in your mind,, making sure you never lapse to a point where you lose the ability to ever consider yourself as part of the workforce. And I understand the idea. I don't want to see groups of people written off by society as economically useless simply because they are sick. The implementation, however, stinks. OK, maybe my rant wasn't over.

[lala1984]

. I think they gave me limited capability as I have to go to my doctor at least once a week and I have hospital appointments coming up and I feel no potential employer would ever consider giving me a job at the moment due to the absenses I'd need.

 

Once all the is out of the way and fingers crossed I'm getting better I'd either go to college or find a part time job to ease myself back into things