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Paranoid Schizophrenic Put Into a WRAG

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11 years 4 months ago - 11 years 4 months ago #97322 by Roidininki
Paranoid Schizophrenic Put Into a WRAG was created by Roidininki
Hi a man I've known as a close friend since he was in his early twenties has never worked since he fell ill with symptoms for which he has been seen now over twenty years by various consultants in the mental health field.He has not had to send sick notes in since 1996 because he fell into suffereing one of the severest mental disorders and declared psychotic. Naturally on antipsychotic medication still .
His benefit was made up of Incapacity /I/S and a premium because of a severe disability .
He has never had an ESA50 to fill in .
Was sent an appointment to attend a medical but did not attend . He says he was told he didn't have to send sick notes in because he suffers from a severe mental disorder so he gave that reason as good reason not to attend. His reason was accepted by letter.
Next , last November , came a letter telling him his transition to ESA benefit was successful and the amount of benefit and that he had been placed in a WRAG. Another letter crossed with this from a Jobcentre with an appointment for his first WFI in December . He refused to go.
As his representative I submitted his reason by letter which was that he was not fit to go into a WRAG or attend WFI's.
Also submitted a letter to the DWPin asking for the original decision to be looked at again requesting he be placed in the support group before appeal .
This was acknowledged as accepted but further supportive evidence was asked for . Now submitted in an up to date letter from his GP.
He fits at least three of the Support Group descriptors .How could anyone consider putting a paranoid schizophrenic on antipsyhotic medication into a WRAG and expect them to attend WFI's?
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #97332 by peggy2
Replied by peggy2 on topic Paranoid Schizophrenic Put Into a WRAG
Hi sorry to hear all the difficulties your friend is having. I came accross this some months ago on the Black Triangle website.
The grassroots, user-led group Black Triangle believes that persuading GPs to write letters to tribunals quoting one of two employment and support allowance (ESA) regulations could make it much easier for claimants to win appeals against the results of their work capability assessments (WCA).

Black Triangle says thousands of people are currently at risk of serious damage to their health because – as a result of their WCA – they are being forced to carry out work or work-related activity that they are not well enough to do.

Black Triangle believes that persuading GPs to refer to regulations 29 or 35 – which date back to 2008 – could even save lives.

The two regulations state that a claimant should not be found fit for work (regulation 29), or placed in the work-related activity group (regulation 35), if such a decision would pose “a substantial risk” to their “mental or physical health”.

Black Triangle is calling on disabled people preparing for their appeal to ask their GP to fill in the gaps in a short draft letter.

The letter states that the physical or mental health of the patient would “more likely than not” be harmed if they were found fit for work, or even found to have “limited capability for work” (the work-related activity group, for those expected to move gradually towards the job market).

Dr Stephen Carty, medical adviser to Black Triangle, drafted the letter after consulting with a barrister and senior figures with links to the British Medical Association (BMA).

It may be worth reading through regulations 29 or 35 and writing a letter listing their diagnosed illness and medication and side effects and that they are more likley than not pose a risk to themselves or others if they were found fit for work or even found to have limited capability for work, and work related activity group and pose a risk and detoration in their health.

Best of luck and I hope your friend is soon placed in the support group. Dont forgot to writ to your MP for support.

Meg
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11 years 4 months ago #97336 by Gordon
Replied by Gordon on topic Paranoid Schizophrenic Put Into a WRAG

Roidininki wrote: Hi a man I've known as a close friend since he was in his early twenties has never worked since he fell ill with symptoms for which he has been seen now over twenty years by various consultants in the mental health field.He has not had to send sick notes in since 1996 because he fell into suffereing one of the severest mental disorders and declared psychotic. Naturally on antipsychotic medication still .
His benefit was made up of Incapacity /I/S and a premium because of a severe disability .
He has never had an ESA50 to fill in .
Was sent an appointment to attend a medical but did not attend . He says he was told he didn't have to send sick notes in because he suffers from a severe mental disorder so he gave that reason as good reason not to attend. His reason was accepted by letter.
Next , last November , came a letter telling him his transition to ESA benefit was successful and the amount of benefit and that he had been placed in a WRAG. Another letter crossed with this from a Jobcentre with an appointment for his first WFI in December . He refused to go.
As his representative I submitted his reason by letter which was that he was not fit to go into a WRAG or attend WFI's.
Also submitted a letter to the DWPin asking for the original decision to be looked at again requesting he be placed in the support group before appeal .
This was acknowledged as accepted but further supportive evidence was asked for . Now submitted in an up to date letter from his GP.
He fits at least three of the Support Group descriptors .How could anyone consider putting a paranoid schizophrenic on antipsyhotic medication into a WRAG and expect them to attend WFI's?


Whilst your friend remains in the WRAG, they will be expected to participate in WFIs and Work Related Activity, although any restrictions that result from their condition(s) must be taken into account. See

Work Focussed Interviews

Work Programme

Your friend can appeal to be placed in the Support Group, a late appeal can be accepted up to 13 months after the date of Decision providing Good Cause for the lateness is provided.

Qualifying for the Support Group

Our ESA Appeal guide is available on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

He also needs to consider the following

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Disability Rights UK Factsheet - Appeals and reconsiderations

Do I have to attend WFIs while I appeal?

Gordon

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