Getting in to the ESA Support Group with ME/CFS

Hi

Your story sounds very much the same as mine, all i can say is keep up the fight for what you know is right. Get as much supporting evidence you can from your GP - consultant or any other HCP who deals with your health matters. Also keep a record of all your medical appointments no matter what they are also make sure you see your own GP at least twice a year to update him/her on your health so at least if ATOS do write requesting any information your GP should be singing from the same hymn sheet so to speak.
It took me two assessments before I got into support group so proves sufferers of CFS/ME can be placed into support group if you fight for whats right.

Limbs I have ME. Ironically this means I couldn't read all of your post as it was so long. I just wanted to advise you to look at the website of Action for ME. At least some of their advice leaflets are free to download and print. They have helped me through five medical assessments and two tribunals, both of which I won. Here is the link www.actionforme.org.uk/get-informed/welf...-allowance-esa/index

Thank you all for your replies, some very useful information/advice there. Apologies for the delay in replying, I have been wiped out after the shock of all this!

I am off to see my GP now, so that I can gauge his opinion & maybe look at options, will report back when I can.

Saw my GP last week and he was very supportive, I am now waiting for a letter from him, hopefully stating that, in his opinion, I meet the exceptional circumstance "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.”, many thanks to Puccalove for bringing that clause to my attention!

Just in case that doesn't get me into the SG, where I believe I should be, I have also asked him to document his professional opinion that I should also score points for descriptors 1(c), 4(c), 10(a) & 14(c).

I was surprised to find that neither my GP, nor my records, had any recollection of the DWP asking for his opinion about my condition, is this normal?

I have written to the DWP to tell them that I intend to request that they reassess my case and warn them that, given the time of year, it might not reach them within the 1 month time limit. I have also asked them to explain how they could make an informed decision, without consulting my medical records!

I hope that you all have, as good a festive season, as can be expected!!

Hi L,

"Saw my GP last week and he was very supportive, I am now waiting for a letter from him, hopefully stating that, in his opinion, I meet the exceptional circumstance "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.”, many thanks to Puccalove for bringing that clause to my attention!"

This will not gain you entry to The SG, as the extract that you quote is from ESA Reg 29.

This only gives you an assessment of Limited Capability for Work (LCW), and gets you into the WRAG, not The SG.

It is ESA Reg 35, that should be used, the important difference is that it gives you Limited Capability for Work Related Activity, (LCWRA) and entry to the SG.

For LCW (WRAG) it is ESA Reg 29 (2) (b) :

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

For LCWRA (SG) it is ESA Reg 35 (2) (a) & (b) :

ESA Reg 35 for entry to The SG (LCWRA)

"Just in case that doesn't get me into the SG, where I believe I should be, I have also asked him to document his professional opinion that I should also score points for descriptors 1(c), 4(c), 10(a) & 14(c)."

Points don't get you into the SG, although some of the WRAG descriptors that attract the maximum 15 points also correspond to some of The SG Descriptors.

WRAG (LCW)Schedule 2 Descriptors

To gain access to The SG under the functional descriptors, you must fulfill at least one of them :

SG (LCWRA)Schedule 3 Descriptors

May I suggest that you review the following :

Qualifying for the WRAG

Qualifying for the Support Group

&

ESA Claims Guides

DWP/ATOS are under no legal obligation to contact a claimant's G.P. or treating HCP, and seldom do.

If they do so, it is generally done in the form of an : ESA 113 Questionnaire

See also : G.P.’s Completing Medical Reports for DWP

bro58

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!