ESA : In WRAG, and Appeal

Thanks for ur quick reply re Which Guide?
I have some questions under a New Topic, so better give some background also :
1. My friend has migrated from IB to ESA (CB) WRAG, after ATOS medical, scoring 21 points.
2. WCA Handbook for HCP (a Doctor in this case), which version would he have used?
3. My friend had a serious spinal injury after a fall at work, broken back, complex op., resulting in 2 titanium rods screwed permanently into spine, followed by intensive physio, etc.
3. My friend is, therefore, an Existing Case and the new reg. changes from 28 Jan.2013 will mean these changes are implemented on a case x case basis at their scheduled review point”. When will this be?
4. Prognosis by ATOS HCP Doctor on medical report......”work is unlikely in the longer term”.
Reason : “Not going to change now”.
On the ESA56 Work Sheet for the WCA (Part A), it says, “Date of further referral 05/12/2014”.
What does this mean? (This would be 2 years from first ATOS medical on 5 Dec.2012).
Also, the Conversion decision – they determined that “by reason of his physical condition none of the descriptors set out in Schedule 3 to the ESA Regulations apply. He does not have limited capability for work related activity. He will be placed in the Work Related Activity Group”.
5. At first WFI (March 2013). Saw prognosis on JC computer is 24 months.
Second WFI to take place 27 Sept.2013 ! !
6. At end of interview (exchange of information), Adviser at JC in March, willingly gave my friend an Appeal Form (GL24) which we didn't really expect, but it was sent in with other info. including facts based on “Past”, “Present” & “Future” situation. (“Future” health state re Back, which no medical expert can predict). And giving good reason why GL24 was sent in late.
7. GP was approached March 2013, he hadn't had an ESA113 or any enquiry made about my friend, and still hasn't. (Altho curtailment was applied). June 2013, my friend had a conversation with GP re a supporting letter. GP indicated this would be a waste of money. There is nothing else he can say. My friend doesn't visit re anything to do with the spinal injury/affects, only to get repeat prescriptions for the painkillers. It's a question of being stuck with what's in the Back and how you cope with the pain, discomfort, and physical limitations. What was written by the Consultant, who did the op., is from a number of years ago, and this was quoted with Appeal form. The spinal condition is not treatable in any way, won't get better, the titanium rods are in there for a life time.
8. Business friends have been asked about employment - if a suitable vacancy occurred but my friend is considered a big risk, therefore, neither would employ him.
9. Reconsideration took place but Decision has not been revised. (Still in WRAG).
10. Is it correct that from 28 July 2013 ALL Claimants will be covered by the new regs. which were effective 28 Jan.2013, no matter which ES50 Form was completed?
11. Appeal Enquiry Form returned to TS. Basing Appeal on LCWRA Except. Circs. Rules. “Some people who are not exempt & to whom none of the LCWRA descriptors apply are still eligible for the SG. This is becos the Except. Circs. Rule applies to them. You will be treated as having LCWRA if : (IN THIS CASE), you suffer from some bodily disablement and, by reasons of such disablement there would be substantial risk to the physical health of any person (THAT INCLUDES THE CLAIMANT) if you were found NOT to have LCWRA. (Reg.35).
Can this apply in this case?
12. The new regs. and the “reasonable adjustments” question – adjustments being made in the Claimants workplace. If a person is not under a contract of employment, the Claimant doesn't have a workplace, hence no reasonable adjustments can be made. E.G., if a shop worker is off with back problem for say 9 months, you might reasonably expect him/her to return to their occupation once any treatment is complete. The knowledge they have of their job versus their condition would make it “reasonable” to consider what those reasonable adjustments may be & could be put in place to help them back to work (Would all depend on what their employer would consider adjustments though). HOW does this work for those with no regular occupation?

Finally, in my friends case, if more damage was done to Back as a result of “work”, who'd be responsible? Evidence – we've given all we have – and there is no on-going treatment. What more do they want? I feel I've unburdened myself a little here with what's going round in my mind about all this and very much hope I can get some guidance from you good people. Any help or thoughts at all will be much appreciated by us both.
Thank you for your time in reading this epic, I feel I've gone on too long. Now reading your Appeals Guidance.

HangingInThere (definitely ! !)

Hi Gordon
Apols. for not responding sooner – other commitments beckon. But thanks for your info/guidance in earlier post.
However, re my Q.12 in last post – the only reason I asked the question is that I've read so much on all to do with ESA and that particular item was just a 'generalisation' as there must be folk out there in that position.

Anyway, we now have a Trib. looming and going thru the Bundle, there's a page missing which we've determined is not a 'significant' page but the point is you have to follow this up, don't you.

Also, this next bit we're a bit puzzled by. At appeal reconsideration stage by a second DM, she says, “It is accepted that he experiences pain and discomfort but it must be remembered that work related activities do not have to be performed without any discomfort or pain”.

Can you explain this for me and my other half, please.

Thank you.
HIT

Thank you Gordon - can get the head round that now, and will bear in mind at the Trib.
(........reliably, repeatedly and safely).

HIT