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Permitted work and ESA?

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9 years 9 months ago #123526 by buster21
Permitted work and ESA? was created by buster21
Hello there, I'm looking for some advice please. My disabled daughter has recently put in a claim for income related ESA. She is undergoing the assessment phase. In the meantime there is a possibility that she may participate in what can be described as non remunerative supported employment - provided by a provider who work with learning disabled young people. It will be arranged and funded through the local authority. My question and dilemma is as follows:

If she does this whilst waiting as the assessment phase takes place - before she is placed in one of the two groups - is there a real possibility that DWP could be influenced by her doing this and therefore placing her in the WRAG. My feeling is that she will be placed in the support group without the need for a face to face - based on her disabilities. Obviously, it could matter very significantly to her - to the tune of about £20 odd per week difference and of course the conditionality that goes with WRAG. Do you think that it would be wise to wait until the assessment period has ended until she takes up any form of "permitted work". I'm aware of long delays in the ESA assessment process. Just some general advice would be really appreciated. Thanks. Buster.

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9 years 9 months ago #123532 by Gordon
Replied by Gordon on topic Permitted work and ESA?
Buster

If the work contradicts the limitations that you would expect to get her into the Support Group, then he doing it will undoubtedly have an effect.

As an example; SG Descriptor 13. Coping with social engagement due to cognitive impairment or mental disorder

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


and her job requires her to be with other workers and to interact with them, then she is unlikely to be considered to meet this Descriptor and therefore would not qualify for the SG.

Even if she defers the work until a Decision on her claim is made, which could be as long as a year, any future re-assessment would be able to take into account any work that she is doing in the same way.

Of course, if her working does not contradict her limitations, then it should be no problem, but I would still be very sure first.

Don't forget the Permitted Work has to be pre agreed by the DWP.

Gordon

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

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9 years 9 months ago #123533 by buster21
Replied by buster21 on topic Permitted work and ESA?
Thanks Gordon, there's some serious thinking for me to do about this. A short term gain could create mayhem for her - it would seem. To complicate things we are being told she should do this work - by her social worker - who obviously means well. However, I'm unconvinced about the social workers knowledge and understanding of the benefits system and the implications of decisions being made. Worrying times ahead I guess. Anyway, thank you once again for your considered reply.

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9 years 9 months ago #123535 by Gordon
Replied by Gordon on topic Permitted work and ESA?

buster wrote: Thanks Gordon, there's some serious thinking for me to do about this. A short term gain could create mayhem for her - it would seem. To complicate things we are being told she should do this work - by her social worker - who obviously means well. However, I'm unconvinced about the social workers knowledge and understanding of the benefits system and the implications of decisions being made. Worrying times ahead I guess. Anyway, thank you once again for your considered reply.


I am afraid that treatment can often conflict with the claimant meeting the ESA criteria, all I can say is that you need to look at the whole picture, both in the short term and the longer, but of course you know that already :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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9 years 9 months ago - 9 years 9 months ago #123775 by buster21
Replied by buster21 on topic Permitted work and ESA?
Hi there, also, I have an ESA50 waiting to be completed by me and then to be sent to ATOS - this is regarding my daughters first ever ESA claim. My query is this: as well as filling in information for the relevant descriptors and also providing medical reports etc - to back this up; I am thinking of asking my daughter's GP for a supporting letter highlighting how her condition affects her, with the descriptors in mind. I am prepared to pay a charge if asked. Does this sound a reasonable idea and would it be useful to provide some reminders or prompting to the GP. Thanks in advance.
Last edit: 9 years 9 months ago by Gordon.

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9 years 9 months ago #123776 by Gordon
Replied by Gordon on topic Permitted work and ESA?

buster wrote: Hi there, also, I have an ESA50 waiting to be completed by me and then to be sent to ATOS - this is regarding my daughters first ever ESA claim. My query is this: as well as filling in information for the relevant descriptors and also providing medical reports etc - to back this up; I am thinking of asking my daughter's GP for a supporting letter highlighting how her condition affects her, with the descriptors in mind. I am prepared to pay a charge if asked. Does this sound a reasonable idea and would it be useful to provide some reminders or prompting to the GP. Thanks in advance.


I would start by discussing it with her GP, they are not obliged to help, so you need to find out whether they will and what kind of support the will provide, many take the view that the DWP will write to them but this only happens in about 25% of claims.

If they do agree to help, then try and get some appreciation of what content they will provide, you could end up paying for a letter that is actually of little use to her claim.

If They are amenable, prepare a document based on the ESA Descriptors, it's up to you whether you use all 18 or just the ones that you think apply, with the sub-Descriptors but not the scores, you need to avoid being seen as influencing the GP and ask then to indicate on the list which Descriptors apply, then to explain why they think this and what condition(s) are the cause.

I hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), buster21

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