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Passed IB to ESA without medical!

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12 years 7 months ago #66434 by Derek4
Replied by Derek4 on topic Re:Passed IB to ESA without medical!
When claimants are considered too ill to leave the house they conduct the WFI over the phone - to discuss going back to work!

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  • RachelPotter
12 years 7 months ago #66438 by RachelPotter
Replied by RachelPotter on topic Re:Passed IB to ESA without medical!
Unfortunately, there are more and more jobs from home requiring just a phone....they would probably say you were 'fit' to do that!

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12 years 7 months ago #66442 by Derek4
Replied by Derek4 on topic Re:Passed IB to ESA without medical!
I was actually asked if there is any self-employed work I can do at home on a computer that does not require interaction with other people, by the medical member of a tribunal. I told him that there is no job that can be done in complete isolation as virtually all business ventures would require face-to-face meetings with your clients.

He agreed!

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12 years 7 months ago #66443 by Crazydiamond
Replied by Crazydiamond on topic Re:Passed IB to ESA without medical!
Egon Peter Hopkinson wrote:

Hi All
Interesting thread. I would have thought, though, that if a person is too ill to attend a WFI or training courses etc., then they should be in the support group. If when I am transferred to ESA, they put me in the WRAG, I will automatically appeal.
Regards
Peter


You could put Atos and/or the ESA decision maker on notice on form ESA50 that you will be considering an appeal on the basis of the The Employment and Support Allowance Regulations 2008, paragraph 35(2)(b) which are the support group exceptional circumstances in particular, if you would be compelled to attend WFIs or undertake work-related activity because of your medical condition.

The ADA is required to consider the exceptional circumstances for both the WRAG and SG at the medical assessment, but there would be no harm in stating your intentions from the outset. Whether it will have the desired effect would be anyone's guess?

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

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  • RachelPotter
12 years 7 months ago #66447 by RachelPotter
Replied by RachelPotter on topic Re:Passed IB to ESA without medical!
Very good point CD.

Derek, I have been trying to think of a job I could do without leaving the house, answering the phone or with regular responsibilities etc

haven't come up with anything yet!

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12 years 7 months ago #66448 by Crazydiamond
Replied by Crazydiamond on topic Re:Passed IB to ESA without medical!
Fedup wrote:

Unfortunately, there are more and more jobs from home requiring just a phone....they would probably say you were 'fit' to do that!


A lot of people particularly those with mental health problems and learning difficulties would be unable to use a telephone, in which case it should never be assumed that every claimant could undertake this task.

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

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