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WCA changes 7 years 6 months ago #98177

Sorry if I've posted in the wrong place but reading about WCA changes, in particular people that have filled out an old ESA50 and returned before 28/01/13 but have not received a decision has filled me with dread. I will be affected because I received ESA50 (old version) on 02/01/13 and returned it 20/01/13. I am now besides myself with worry because I filled it out based on the regulations and guides current at the time. I worry because I have CFS/ME and it affects me both physically and cognitively; it's impossible to separate the two. I also explained on my form that I was awaiting further CBT for mental health problems. So under the new regulations they could possibly put me in WRAG or worse because CBT might allow me to return to work? This however does not take account of the fact I've already had CBT lots of times and have not benefited, or the fact that I was meant to have CBT last year but could not get there because of agoraphobia. I was wondering if it would be possible to appeal a decision of being found fit for work or placed in WRAG on the basis that I believe I should be in the support group but more importantly because I filled out my ESA50 whilst the pre 28/01/13 regulations were relevant having had no sight of the new regulations. In other words, if the new regulations were not available to refer to could this be grounds of appeal in that they have assessed me under the new regulations and I had no opportunity to argue the points in relation to medication, reasonable adjustments or to consider other ways of dealing with the physical and mental issues that the new regulations throw up?

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Last edit: by Gordon.

WCA changes 7 years 6 months ago #98191

phidgity

None of the changes that were introduced yesterday would result in you being found Fit for Work just because you have undertaken a course of CBT. :)

It is not yet clear how the DWP will treat ilness such as CFS/ME which can have both physical and mental health aspects, they may choose to to consider them as having one aspect or the other, or both, so we are limited on how we can advise claimants on this matter.

The changes, in this context, have no effect on your ability to appeal, as always, this is based on you showing the you meet the requirements for the WRAG or the Support Group.

I appreciate that this offers no solace, but if you have completed the ESA50 to the best of your abilities, then there is nothing more that you can do at the moment. The next stage will be to see if you require a face to face assessment, should this be required, then it would make sense for you to have a look at the updated guides (after Friday), to see if you explain your condition(s) in context to the changes.

Gordon

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

WCA changes 7 years 6 months ago #98203

Thanks for you reply Gordon.

Just so very worried and stressed by it all. Doctor has already prescribed extra medication to deal with the stress this assessment process is causing. I sent my form back and I know they recieved it on 23 January because my husband phoned them after they sent a reminder. I just don't see how they can change the rules for claimant's that have already submitted their ESA50 forms before January 28th. I think this required a further letter to MP. The whole sitiation is awful. :(

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WCA changes 7 years 6 months ago #98213

phidgity wrote: Thanks for you reply Gordon.

Just so very worried and stressed by it all. Doctor has already prescribed extra medication to deal with the stress this assessment process is causing. I sent my form back and I know they recieved it on 23 January because my husband phoned them after they sent a reminder. I just don't see how they can change the rules for claimant's that have already submitted their ESA50 forms before January 28th. I think this required a further letter to MP. The whole sitiation is awful. :(


I am aware that the ME Association are trying to mount a campaign to have the changes annulled.

Gordon

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