ESA

I had my ESA tribunal yesterday. They have said that I am in one of the ESA groups. She said about the reg 35 but she can not implement the decision yet until they get conformation about the appeal case. So I will stay on assessment rate until I get put in WRAG or support group.

I forgot to ask them if I still need to get fit notes.

Michelle wrote: I had my ESA tribunal yesterday. They have said that I am in one of the ESA groups. She said about the reg 35 but she can not implement the decision yet until they get conformation about the appeal case. So I will stay on assessment rate until I get put in WRAG or support group.

Hi M,

According to the Notice on the attachment that was published on rightsnet, in the first paragraph of my previous post, The S of S has stated that he is not going to appeal IM v S of S, regarding ESA Reg 35.

Maybe you should have printed it off and given it to your Rep, (if they were in attendance) or given it to The Clerk before the hearing.

Besides, ESA Reg 35 is only pertaining to an SG Award, it does not come into play for a WRAG award.

bro58

Michelle wrote: I forgot to ask them if I still need to get fit notes.

Hi M,

I would continue to obtain fit notes and submit them to The DWP until you have received a decision from The Tribunal, and the decision has been implemented by The DWP.

As always, keep copies :

Sending Documents to the DWP or ATOS

bro58

"I said that I had read that the DWP are not appealing the case now, but she said that she hadn't heard anything and until she does she wont implement the decision. reg 35 applies in my case is that the support group?. I dont know where I have scored points yet, I should get it in the post soon."

Hi M,

Points are not an issue with entry to The SG, only with gaining access to The WRAG, where you must score a minimum of 15 points cumulatively across all or any of :

The WRAG (LCW)Schedule 2 Descriptors

Another way of gaining access to The WRAG if you cannot score the minimum requisite 15 points is by way of the non-functional Descriptor :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

See also : Qualifying for the WRAG

If you are placed into The WRAG, you are deemed as having Limited Capability for Work. (LCW) (Being unfit for work)

Once it has been ascertained that you have LCW, it should then be looked at whether or not you also have Limited Capability for Work Related Activity. (LCWRA) (Unfit to take part in Work Related Activity as well as being unfit for work) (Entry to The SG)

You can gain access to The SG by qualifying under any one of :

The SG (LCWRA)Schedule 3 Descriptors

As you will see The SG Descriptors do not have points, as do the WRAG descriptors, although they do correspond to some but not all of The WRAG descriptors that score the maximum points.

If you don't fulfill any one of The SG Descriptors it would then be looked at whether you can qualify for The SG under The non-functional descriptor :

ESA Reg 35 for entry to The SG (LCWRA)

It would generally be ESA Reg 35 (2) (a) & (b) :

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

Which basically means that once it is established that you suffer some specific disease or bodily or mental disablement, if there would be a Substantial Risk to your own health or that of another if you were compelled to take part in Work Related Activity, (in The WRAG) then you should be placed into the SG under ESA Reg 35.

The IM Case was basically pertaining to "what" is classed as Work Related Activity.

See also : Qualifying for the Support Group

I hope this gives you a better understanding of things.

You could print off and send a copy of The Notice (Attachment) to The Tribunal, or pass it on to your Rep.

bro58

She said I will be in WRAG or support depending the on case the DWP was appealing. She said if she implement it yet as it wouldn't count and I would have to go through it again.