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9 years 3 months ago #151821 by june cunningham
Replied by june cunningham on topic permitted work
Thank you Gordon.
I must be thick!
why would he not have completed a form prior to being transferred onto esa and having a medical assessment? each time we request that his medical situation has worsened and that he should be transferred onto support group they have based their decision on information on this
from the report made by the atos nurse who did the assessment in 2012.My husband was present at this assessment and said that it is not true in many of the ways that she has recorded it . .Ignorance of the system resulted in no appeal for amendment as we did not know any of this until we joined Benefits and Work.
June
I must be thick!
why would he not have completed a form prior to being transferred onto esa and having a medical assessment? each time we request that his medical situation has worsened and that he should be transferred onto support group they have based their decision on information on this
from the report made by the atos nurse who did the assessment in 2012.My husband was present at this assessment and said that it is not true in many of the ways that she has recorded it . .Ignorance of the system resulted in no appeal for amendment as we did not know any of this until we joined Benefits and Work.
June
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9 years 3 months ago #151827 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic permitted work
JC
The ESA1 is the form used to initially claim ESA, as your son was a transfer from IB he would not have needed to complete this.
If you actually meant an ESA50 then I would have expected there to have been one, some IB claimants were transferred without the need for an EAS50 but they would have had very severe problems that could not improve, I'm not sure that your son would have fallen into this category if has has been placed in the WRAG.
If the DWP refuse to review his claim or simply place him back into the WRAG when you report a deterioration then you can challenge this Decision by requesting a Mandatory Reconsideration, but it is not enough for his conditions to have worsened, you must show that he meets at least one of the criteria for the Support Group!
Gordon
The ESA1 is the form used to initially claim ESA, as your son was a transfer from IB he would not have needed to complete this.
If you actually meant an ESA50 then I would have expected there to have been one, some IB claimants were transferred without the need for an EAS50 but they would have had very severe problems that could not improve, I'm not sure that your son would have fallen into this category if has has been placed in the WRAG.
If the DWP refuse to review his claim or simply place him back into the WRAG when you report a deterioration then you can challenge this Decision by requesting a Mandatory Reconsideration, but it is not enough for his conditions to have worsened, you must show that he meets at least one of the criteria for the Support Group!
Gordon
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9 years 3 months ago #151972 by june cunningham
Replied by june cunningham on topic permitted work
Thanks Gordon
My son has never had an esa 50 to complete. We have all his paperwork and the only form ever completed was when he was placed on income support( as he has never worked and was placed on this instead of Incapacity benefit) as he was ill at University and was unable to take up employment. My son has very severe problems indeed and we have repeatedly challenged the decision to place him in WRAG but they only refer back to the original decision from 2012 when the assessment was made by ATOS. The DWP are constantly harassing him and although we have told them and sent information from the GP who recently diagnosed him as severely depressed as did Homerton Hospital in Mid December when he referred himself to them as feeling suicidal. They have arranged for a DWP officer to make a home visit to him with only 3 days notice. I spoke to his Benefits adviser regarding this and was informed that this could not be changed without medical evidence , but this is not what the web site says ! I have advised them that this would certainly tip him over the edge. Anyway the Gp who saw him on Thursday last has sent them a fax saying he is in no fit state for this .Any further advice is very welcome or I can see my husband and I going for help from the GP too.
My son has never had an esa 50 to complete. We have all his paperwork and the only form ever completed was when he was placed on income support( as he has never worked and was placed on this instead of Incapacity benefit) as he was ill at University and was unable to take up employment. My son has very severe problems indeed and we have repeatedly challenged the decision to place him in WRAG but they only refer back to the original decision from 2012 when the assessment was made by ATOS. The DWP are constantly harassing him and although we have told them and sent information from the GP who recently diagnosed him as severely depressed as did Homerton Hospital in Mid December when he referred himself to them as feeling suicidal. They have arranged for a DWP officer to make a home visit to him with only 3 days notice. I spoke to his Benefits adviser regarding this and was informed that this could not be changed without medical evidence , but this is not what the web site says ! I have advised them that this would certainly tip him over the edge. Anyway the Gp who saw him on Thursday last has sent them a fax saying he is in no fit state for this .Any further advice is very welcome or I can see my husband and I going for help from the GP too.
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9 years 3 months ago #151975 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic permitted work
J
There are legally defined processes for challenging the Decisions made by the DWP, unless you actually pursue one of these there is little additional advice that we can give.
If you have reported a Change of Circumstances and this has not resulted in your son being moved to the Support Group then you need to request a Mandatory Reconsideration of the Decision and if that fails you need to request an appeal.
How to do this is explained in the ESA Appeal guide on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
You must show that he meets one of more of the Support Group Descriptors if he is to be placed in the SG.
Gordon
There are legally defined processes for challenging the Decisions made by the DWP, unless you actually pursue one of these there is little additional advice that we can give.
If you have reported a Change of Circumstances and this has not resulted in your son being moved to the Support Group then you need to request a Mandatory Reconsideration of the Decision and if that fails you need to request an appeal.
How to do this is explained in the ESA Appeal guide on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
You must show that he meets one of more of the Support Group Descriptors if he is to be placed in the SG.
Gordon
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9 years 1 month ago #155440 by june cunningham
Replied by june cunningham on topic permitted work
Hi
Is there any progress regarding when the permitted work rules are being extended beyond the 12 months currently allowed ?
Is there any progress regarding when the permitted work rules are being extended beyond the 12 months currently allowed ?
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9 years 1 month ago - 9 years 1 month ago #155443 by Gordon
The change will require amendment of the ESA Regulations I've just checked and there is not even a draft of the changes available yet.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic permitted work
june cunningham wrote: Hi
Is there any progress regarding when the permitted work rules are being extended beyond the 12 months currently allowed ?
The change will require amendment of the ESA Regulations I've just checked and there is not even a draft of the changes available yet.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 1 month ago by Gordon.
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