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Getting in to the ESA Support Group with ME/CFS

  • bro58
10 years 4 months ago #115159 by bro58

Limbs wrote: Thanks Bro58,
you are, of course, correct, I was getting confused with the wording between getting into the WRAG & the SG, wording should have been "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 you were found not to have limited capability for work related activity.

I did ask my GP to consider the effect that the various “Work Focused Interviews”, that I would have to attend if placed in the WRAG, would have on my health. I also asked to to mention that there was no reliable medication for the treatment of CFS & that there were no work place changes that could be made to remove the physical & mental stresses that work would subject me to. Ultimately, of course, I cannot put words into his mouth, so I'll just have to wait to see what he comes up with, and hope that it's sufficient to satisfy the DWP or tribuneral!


Hi L,

Thanks for the clarification !! :)

Many people get confused between LCW and LCWRA, which is quite understandable with such a complicated benefit.

Good luck, and please keep us updated.

bro58

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10 years 3 months ago #116211 by Limbs
As previously mentioned, I wrote to the DWP on the 13/12/13 to tell them that I INTENDED to ask them for a mandatory reconsideration, but because of Christmas etc, it would probably take longer than the 1 month for me to gather the required evidence and get it to them.
I eventually received a letter from my GP on the 11/01/14 and set about compiling my request for MR with reasons why I thought their decision was wrong, I eventually completed & posted this yesterday.

Today, I received my "Mandatory Reconsideration Notice", stating that they have reviewed my case and not changed their minds; well, without any extra evidence, they wouldn't would they!! It would appear that they have miss-interpreted my first letter as formal request for MR & acted on that!

I rang the DWP earlier to see if they would look at it again once they have received my second letter, extra evidence and letter from my GP, but was advised by "the receptionist" to just go ahead and appeal. What are your views on this?

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10 years 3 months ago #116230 by Puccalove
Replied by Puccalove on topic Getting in to the ESA Support Group with ME/CFS
To be honest it was unlikely, but not impossible, that they would change their decision anyway. As you can imagine if organisations are checking their own decisions they are likely to stick with them and not admit a mistake which is why the tribunal service has to be independent. I see the reconsideration process as somewhat of a formality before an appeal. It is probably in your best interests that it is over quickly so that you can have your appeal as quickly as possible, there is already long waiting time. Sending in additional evidence at the MR stage would probably just delay the inevitable. Any additional evidence you have collected will be invaluable for your appeal and is more likely to be taken seriously by the tribunal service.

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10 years 3 months ago #116233 by Limbs
Thanks Puccalove, I will go ahead with the tribunal appeal.

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10 years 3 months ago #116236 by Puccalove
Replied by Puccalove on topic Getting in to the ESA Support Group with ME/CFS
Good luck and keep us posted.

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10 years 3 months ago #116238 by slugsta

Puccalove wrote: Good luck and keep us posted.


Seconded!

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

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