ESA -New to B and W and the Forum

Hi All,
Have only just joined as am at a point where I thought I ought to seek some advice.
Summary
Self Employed, decided March 2013 that I could not carry on working with this with this pain so sought GP advice "Unfit For Work". Claimed ESA April 2013 (Cont based paid). ESA50 completed April, heard from Atos Dec 14 for WCA Jan'15, insisted on recorded interview which then meant recorded WCA in March'15.
New "Fit Note" issued couple of days before WCA and copy of it handed to HCP.

Got lift to WCA and walked 25 metres to WCA in pain. Refused to sit at WCA as can only sit/stand for 10 minutes and was easier to "perch" on edge of medical bed and repeatedly wander back and forth every so often to relieve pain before returning to "perching".
I cannot walk 50 metres without exacerbating pain and repeatedly told this to HCP pointing out that flat is only 40 feet including garden.
Refused to move neck , arms or bend during exam as this exacerbates pain. I was alreday in pain and sure as heck was not prepared to make it worse. Pointed this out to HCP.

End of WCA was told to expect call and then written explanation. Got no call, did get WRAG decision and then days after invite to WFI at JC.
Rang to ask for MR and explained a few things (most of which does not seem to have been considered in MR) and was told to expect call before decision. Have today received decision (still in WRAG) and no call. I thought that the calls were part of the process?
I did refuse to supply paper evidence as I pointed out that if I gave everything to MR, I would have nothing new to use at Tribunal which is where I was sure this was heading. (I was right!)

GP/Physio (MSK Specialist has said "nothing can be done), Physio's don't touch me (don't want to)
Anything I should do now?

By the way, confirmed damage is C5/C6, wedge fracture of T9, all of which are older than March '14.

Happy to asnwer any queries if there are any?

Have just downloaded all I can see from BnW website and have now to start trawling through all of the info in 10 minute chunks when I can sit at PC.
I am aware of one month deadline to appeal and that I need the form from CT website.

Dawg wrote: Hi All,
Have only just joined as am at a point where I thought I ought to seek some advice.
Summary
Self Employed, decided March 2013 that I could not carry on working with this with this pain so sought GP advice "Unfit For Work". Claimed ESA April 2013 (Cont based paid). ESA50 completed April, heard from Atos Dec 14 for WCA Jan'15, insisted on recorded interview which then meant recorded WCA in March'15.
New "Fit Note" issued couple of days before WCA and copy of it handed to HCP.

Got lift to WCA and walked 25 metres to WCA in pain. Refused to sit at WCA as can only sit/stand for 10 minutes and was easier to "perch" on edge of medical bed and repeatedly wander back and forth every so often to relieve pain before returning to "perching".
I cannot walk 50 metres without exacerbating pain and repeatedly told this to HCP pointing out that flat is only 40 feet including garden.
Refused to move neck , arms or bend during exam as this exacerbates pain. I was alreday in pain and sure as heck was not prepared to make it worse. Pointed this out to HCP.

End of WCA was told to expect call and then written explanation. Got no call, did get WRAG decision and then days after invite to WFI at JC.
Rang to ask for MR and explained a few things (most of which does not seem to have been considered in MR) and was told to expect call before decision. Have today received decision (still in WRAG) and no call. I thought that the calls were part of the process?
I did refuse to supply paper evidence as I pointed out that if I gave everything to MR, I would have nothing new to use at Tribunal which is where I was sure this was heading. (I was right!)

GP/Physio (MSK Specialist has said "nothing can be done), Physio's don't touch me (don't want to)
Anything I should do now?

By the way, confirmed damage is C5/C6, wedge fracture of T9, all of which are older than March '14.

Happy to asnwer any queries if there are any?

Have just downloaded all I can see from BnW website and have now to start trawling through all of the info in 10 minute chunks when I can sit at PC.
I am aware of one month deadline to appeal and that I need the form from CT website.

Hi D,

Welcome to Benefits and Work

It seems that you know that you have one month from the date of The MR Notice to appeal directly to The Tribunals Service (TS) using : SSCS 1 Form and copy of your MR Notice.

You also state that you have downloaded guides from our site, but I will provide links below, to ensure that you have all relevant information :

ESA MR/Appeals Guidance.

ESA Claims Guides 3rd & 4th links down.

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

How to write an appeal submission. DR UK.

&

MOJ Video of ESA Appeals Process and Tribunal

See also : Qualifying for the Support Group

As you are receiving Contribution Based (CB) ESA in The WRAG (whilst not in the Support Group, (SG) ) see : 12 Month Limit for ESA(CB)

From our : ESA FAQ’s

Being placed into The WRAG means that you are assessed as being "unfit for work", but "fit" to take part in Work Related Activity. (WRA)

You have been assessed as having Limited Capability for Work. (LCW)

To gain access to The SG you must show that you also have Limited Capability for Work Related Activity, (LCWRA) i.e. you are also unfit to take part in WRA.

You must show that you fulfil any one of : The Functional SG (LCWRA)Schedule 3 Descriptors.

If you cannot fulfil at least one of the above, you can also gain access to The SG under the Exceptional Circumstances Rules via : ESA Reg 35 for entry to The SG (LCWRA)

I notice from your comments that you only refer to limitations in "walking" !

To qualify for The SG under Activity/Descriptor 1. (Mobilising), not only do you have to show that you have limitations in walking the requisite 50 metres aided or unaided, you also need to show that it would not be reasonable for The DWP ESA Decision Maker (DM) to assess that you can self propel a manual wheelchair unaided the same distance.

The "manual wheelchair test" will apply even if you have never owned, used or been advised to use a a manual wheelchair.

See Activity 1. from the : The Functional SG (LCWRA)Schedule 3 Descriptors. link.

"Activity.

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used."

Descriptor.

1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

You need to show how and why you would qualify for the above Activity/Descriptor where carrying out the "Activity" would be precluded for the majority of occasions that you attempt it due to the limitations that you suffer as a result of your medical condition/s.

The same applies if you feel that you qualify for any other of the "Activities".

So, the only way that you can qualify for The SG is via one of The SG Functional Descriptors or ESA Reg 35.

Please reply to this topic if you have further queries.

You could Bookmark/Favourite this page in your Browser so that you can find it again easily for future reference.

bro58

Many thanks.

Have just this minute received a text reminding me that I have my first WFI tomorrow. It does contain the threat that my benefits will be affected if I don't attend. Does bring a smile to my face as other than NI conts, I am not receiving anything. Hardly seems much of a threat to take a proportion of nothing from me if I don't comply.
Anyway, I shall attend and continue to play the DWP game while working on appeal paperwork.

Dawg wrote: Have just this minute received a text reminding me that I have my first WFI tomorrow. It does contain the threat that my benefits will be affected if I don't attend. Does bring a smile to my face as other than NI conts, I am not receiving anything. Hardly seems much of a threat to take a proportion of nothing from me if I don't comply.
Anyway, I shall attend and continue to play the DWP game while working on appeal paperwork.

Hi D,

If your payments of CB ESA have ceased due to you exhausting your 365 days entitlement to CB ESA whilst not in the Support Group (SG) (You are in The WRAG) and you are only receiving NI Credits towards your State Pension, you do not have to comply with any WFI/WRA.

You might want to quote the following to The JCP Adviser :

Decision Makers Guide Chapter 53 @ 53014. 4.

53014 The conditions1 referred to in DMG 53013 are that the claimant is

1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)

and

2. not a member of the support group

and

3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75)

and

#4. not a person who is only entitled to ESA(Cont) payable at nil rate#

5. not a lone parent who is responsible for and a member of the same household
as a child aged under one.

From : The DM Guide CH 53.

See also ESA Regulations 2008 54. (2) (d)

"(d) is not only entitled to a contributory allowance payable at a nil rate."

Which reiterates that you don’t have to comply with WFI’s or WRA if you have a nil rate CB ESA award.

i.e. Receive no monies, but receive NI Credits only.

That should do the trick !!

Although you do not have to comply with WFI's/WRA whilst in receipt of NI Credits only you do still have to comply with periodic reassessments of your WRAG award.

e.g. ESA50, possible "medical", etc, etc.

bro58

Thanks!!!

I will copy/paste to a sheet of paper and hand it to the nice lady tomorrow.