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Terrified re Changes to ESA from Jan 28th
- Asbo
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There is also something about imaginary wheelchairs and aids, and treatment, so if they think treatment would help you, no matter how inappropriate, and no matter how it may not help or indeed make you worse they can score you no points/class you fit for work. I thought the forcing of people to have medical treatment contravened Human Rights (but when has that mattered to this government?)
And the qualifications for Reg 29/35 seems tobe changing (though I may be misunderstanding that) so it doesn't matter if you are at risk from work any more. It wouldn't surprise me, because anything that people are using to enforce their rights (ie these regs) the DWP soon pull from under us.
I've not been migrated yet from IB so I will be affected by these cruel changes.
I would appreciate any help and reassurance.
Many thanks.
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- slugsta
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Changes to ESA regulations
Do you have any specific queries? We do need to be careful to ensure that this does not turn into a discussion thread, as that is not the purpose of this forum
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- Asbo
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Yes I read that post but my specific questions are:
1) I have fibromyalgia and mental health problems. How do I fill out the fibromyalgia section? It's neither just 'physical' or just .mental' eg fatigue is both and they can't be disentangled.
2) Are there any changes to Regs 29 and 35? That is, will the substantial risk to my health still apply?
3) Will I be penalised financially if they suggest treatments and or aids?
4) My medication has side-effects - will these be taken into account? Are they counted as physical or mental?
Many thanks
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- slugsta
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- Gordon
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Asbo wrote: Hi
Yes I read that post but my specific questions are:
1) I have fibromyalgia and mental health problems. How do I fill out the fibromyalgia section? It's neither just 'physical' or just .mental' eg fatigue is both and they can't be disentangled.
2) Are there any changes to Regs 29 and 35? That is, will the substantial risk to my health still apply?
3) Will I be penalised financially if they suggest treatments and or aids?
4) My medication has side-effects - will these be taken into account? Are they counted as physical or mental?
Many thanks
Sorry Asbo, I thought someone else had picked up your question.
1. There is currently no guidance on how ATOS and the DWP will treat illnesses that span the two types, I think a lot will depend on diagnosis, so for example, it is not uncommon for claimants suffering from many chronic illnesses to also suffer depression. I note that there is no DWP definition in the A-Z of Conditions, instead they refer to an NHS site.
2. Reg. 29 is changed, see
www.dwp.gov.uk/docs/m-1-13.pdf
however Reg. 35 remains unchanged.
3. The DWP cannot suggest treatment or aids, but they can assume their use, so if you have problems walking, and it is reasonable to assume you could use a stick and that by doing so, your problems could be reduced, then the DWP are entitled to assume the usage, this could obviously result in a lower award, WRAG instead of SG as an example.
4. The DWP must take account of any side effects you suffer, as to whether these are physical or mental, I guess it depends on the side-effect.
I hope this helps, but please be aware, until a new version of the WCA Handbook is published, we are limited in what we can say.
Gordon
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- Asbo
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For some reason I'm not receiving notifications any more.
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