TRANSFER FROM IB TO ESA AND PIP CLAIM

Thanks appeciate it

Hi Gordon thanks for your help and answering all my points and questions.

Yes they have accepted that I have a MC in writing.

The phone call is for a verbal explanation of why I’ve been put in the WRAG group I’ve never had a verbal explanation and apparently I’m entitled to one – are we on the same page about the phone call?? Or are you talking about a phone call specifically about the MR or is it all the same thing?

They’ve definitely told me on numerous occasions it’s a 3hr call back for the verbal explanation. Please would you clarify?

Thanks for recognising about the brain fog and emphasising the importance of me getting my reasons sorted out and clear, it is impossible to do with Brain fog...


‘It is not entirely clear whether you discussed your condition over a period of 6 months or not, if you did not then you need to challenge this with the DM, if you did then you need to qualify it further, for example; were you drawing a comparison with a similar length period in the past to illustrate how your condition had changed? If you were trying to explain how your condition fluctuates over time, then you may have used to long a period as 6 months allows the DM to assume that there might be weeks where you are functionally OK.’

I’m not clear what I’ve done of what I need to do here’s an example:
'
'Due to my condition and symptoms I have mentioned above sometimes I am unable to cope with planned and unplanned changes. My condition can fluctuate in the day and is variable and very unpredictable from week to week. When my symptoms are severe to moderate it can be 4 days or more of the week when I cannot cope with changes. With the above conditions symptoms they can vary and fluctuate in intensity. When my symptoms are milder it can be less than 4days that changes affect my ability to cope. Also, on somedays it could be one particular condition or all my conditions that affect my ability to cope with changes. I would say in a six month period, more than three months my conditions affect my ability to cope with changes'.

It sounds to me that I’ve tried to cover it over a week period and 6mth. Is this a bad job? I really struggled as yes my condition is incredibly variable, fluctuates and is unpredictable it is very difficult to say I did the best job I could. How do you suggest I tackle things now?? and how do I explain myself from changing what I’ve already stated??


‘By explaining the things you can do rather than those you cannot you have probably given the DM a far rosier picture of your limitations that you intended’ I did that to cover myself from fraud as Ms Hurtyback has pointed out on a couple of occasions in the past. All I have said is that really when my condition is mild I can SOMETIMES do the things in question

‘as a result you are going to have to explain in far more detail than you did on the ESA50 why the SG criteria apply.’ I went into loads of detail there was about 9 types sheets of A4 – what else do you suggest I do?

I don’t feel I can give much more to this process, I’ll literally no reserves left and ruuning on empty, I need to keep it simple, otherwise it’s not going to get done. Any suggestions??


"Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual."

You may be able to argue that "always" does not mean that you can never engage in social contact, but you will need to show that is precluded for most of the time, this is significantly more than the majority of the time.’

You also need to show that you suffer "significant distress" as a result of social contact,

It does affect me in that way but only when my symptoms are severe to moderate and then I can have problems from anything to all week to more than four days – does this count as SG??

Most importantly as I’ve got my consultant appointment tomorrow and she has already supplied me with an indepth letter. I’m sure she will do me another one, she is going to ask me what sort of thing she can say now, bearing in mind she’s said a lot already.

But she has said she can only speak in general terms and can’t comment on how the specific descriptors affect me.

My G.P has also said to me she will do a letter but she needs to know what kind of things and why not qualify for support group.

I’m very time pressured for the consultant app as tomorrow and it doesn’t sound like I can be ready or able to speak to the DWP to find out why I’ve not met the support group.

It is a never ending nightmare any suggestions for my specialist tomorrow, I don’t know whether to cancel the app and get put in as an extra on clinic for next week if poss.

Also I do you think I’ve had a statement of reasons? A hand written slip says I’ve got the DM’s decision and medical report, which doesn’t sound like a SOR to me or is it??

Thank for all your help

AC

Hi Gordon,

Sorry I’m back again but made a bit of headway, see below. However, firstly I need some advice in terms of what best to do. My MC was put in 4wks ago this coming Friday. As you will see below I’m in the middle of attempting to put my argument together. When I put in for the MC it was late on the Friday about 5pm, so they said that they wouldn't pick it up till the Monday but told me I had 28days. When I received my letter of confirmation there is no deadline date. So when do you think I will have to submit my evidence by this Thursday or Friday?

I will have to let them know that new my medical evidence GP will be delayed due to difficulty in getting an appointment so this is going to go on beyond the 28 days. Does this still mean though that my own writtenevidence still needs to be handed in the 28days or is it possible that I could have anymore time due to the difficulties I’ve had health wise in completing this?

What do you suggest I do as I doubt very much my written argument for the support group will be completed by tommorow (and possibly not friday) and I’m getting very stressed to get special delivery which in theory could be a day late... can you tell me what best to do and where I stand time wise. As far as I know I have good cause for the medical evidence but it's how they would view my submission late. If I write to them to inform the medical evidence is going to go beyond the 28days will they make allowances for my late evidence?

I’m just working through the descriptors to see whereby to see if I can argue that I should be in the support group...

With starting and finishing tasks on the decision sheet this hasn’t been mentioned as me scoring any points, however, on the medical report – it says the I frequently cannot... and the supporting medical evidence does suggest some functional disability. Nothing has been written in-depth about it, so I wonder if this is why there has been no points on the decision makers sheet. I did complain at the assessment that I felt I had not been able to fully discuss my condition and I know the examiner did not cover everything in detail. So why do you think I’ve not been given any points when it says frequently on the report? I thought that amounts to 6 points? This has happened also on the awareness of hazards – where it actually says none of the above apply – however, my GP and myself have given written evidence on this but I don’t think again it was covered in the medical and when I complained the examiner said they simply could not go through everything I’d written. So I’m wondering again if the DM has not considered my evidence and GP and has just looked at the medical report and hence scored no points.

With coping with change again something similar has happened this time on the medical report it says cannot cope with minor unplanned change such as timing of appointment...which is surely 6 points. On the med report it says adapting to change supporting med evidence but nothing has been written about it. Again I don’t think it was discussed at assessment.

Regardless of this to recap the descriptors that I have identified that might get me into the support group are: starting and completing tasks, coping with change and awareness of everyday hazards, coping with social engagement..(scored 6points already)

However, I’ve gone back over the guides and I’m confused about the criteria if I actually do qualify or not can you help please?

My initial thoughts are with the starting and completing tasks
I need to address the situation of me initially looking at a 6mth period as it has given the impression that I’m aright in 3 of the months which I’m not

‘Cannot due to impaired function... – I can say this in my bad weeks I can be affected everyday of the week, I cannot say how many weeks I maybe like this though but on my not so bad weeks I can still have problems 4 day or more.
Also when I’m doing tasks I have various problems which could count as me not being able to do them?

The issue here is what exactly does ‘Cannot’ mean in terms of does that mean absolutely NEVER or could I possibily qualify as in my bad weeks I can be affected everyday of the week??

As said earlier I don’t know what time I have for handing this in but I’m currently struggling with brain fog and my ok times to get this done are far and few between and I’ve currently got a Migraine but really time pressured.

However, I feel maybe I need to just deal with this descriptor first before I explore the others due to this.

Also, I believe that there would be a substantial risk to my mental health if it is upheld that I am required to engage in work-related activities.

It is stated in my medical report that ‘by making reasonable adjustments in the workplace and by taking the prescribed medication my conditions would not mean there would be a substantial risk to the mental or physical health of any person if they were found capable of work related activity’

So I want to disagree with this statement and subsequent decision to place me in the WRAG on the grounds that:

I’m not on medication for anxiety and depression due to the side-effects that significantly worsened my condition. Talking therapies were also ineffective.

Secondly, With my thyroid medication I’ve medical evidence already submitted that has documented the difficulty in controlling stabilising and managing my condition which subsequently my mental health is significantly effected.

Therefore if I am required to take part in any work- related activities I believe that my mental health would be at risk as my condition is not sufficiently stabilised and I have not got the support mechanisms in place in terms of effective treatment whereby my symtoms are managed and it causes me extreme distress. Therefore I would argue the above statement to be not valid in my case and there would be a substantial risk to my mental health as I know that this would my condition would deteriorate seriously by significantly worsening my anxiety and depression doing wrag activities. And subsequently I would be unable to leave the house and/or attend any work-related activities or find them very distressing.

Please can you let me know your thoughts on whether I have grounds for claiming substantial risk to mental health to qualify for the support group. I could get medical support for this.

Thanks again

AC