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WFI and college course? Too ill

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10 years 7 months ago - 10 years 7 months ago #111792 by Bamboozal
WFI and college course? Too ill was created by Bamboozal
Hi am in need of advise,

My friend won her appeal from being found fit 4 work to WRAG at tribunal, review
recommended 18mths.

She suffers EDS, ME , Fibromyalga and numerous other illness that cause her constant
nerve pain and restricted mobility issues. She has a WFI every month but has not
been able to attend all of them due to her illness and pain, she also passes out as well and experiences numbness and weakness on one side causing her to fall. At her latest WFI
she has been assigned another advisor who says she has to sign up and attend a college
course or do voluntary work her money will be sanctioned!

She had to gave up university 2 years ago, 2 years into a nursing degree as she was absent more than she attended due to her illness and they could not accomodate her anymore due to this.

She is seeing her doctor tomm so my question is can she get a fit note/sick note to excuse
her from being forced to do as it is pointless as she will never be able to attend alone!
Shes already cancelled 2 WFIs cause she couldn't leave the house! I thought they couldn't
pushyou to work when you aren't able? Poor lass is in so mush pain and very vunerable
she just burst into tears but the advisor wouldn't listen to her. Shes very depressed
and feels like giving up. Its so worrying.

Sorry its a long post, any advise would be grately appreciated.

Bam
Last edit: 10 years 7 months ago by Gordon.

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10 years 7 months ago #111797 by Gordon
Replied by Gordon on topic WFI and college course? Too ill
Bamboozal

I am afraid a Fit Note is unlikely to have any affect as by definition members of the WRAG are already Unfit for Work, that said, if her condition has deteriorated as a result of the activities she is being asked to do, then it would be worth approaching her GP to see whether they will comment on this

You are correct that any limitations that result from your daughter's conditions must be taken into account when assigning the Work Related Activity that she is being asked to do, so her first action should be to make an appointment with her advisor to discuss this.

I am not 100% up to speed with WRA, but my understanding that she should only be required to perform actions that are she and her advisor agree should be on her personal action plan, if she is not happy with this plan she should be able to challenge it with a supervisor at the JC+

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bamboozal

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10 years 7 months ago #111799 by Bamboozal
Replied by Bamboozal on topic WFI and college course? Too ill
Thanks very much Gordon,

Am not too sure what she has agreed with the advisor on previous WFIs but
I know for sure they know her limitations as she has only had 3 interviews
secduled and 2 she couldn't attend due to her restrictions.

I feel they just bullied her into it cos shes only 21 and frightened, she won't
say boo to a goose and is so depressed with having to cope day to day with her
illnesses.

Thanks again
Bam

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  • bro58
10 years 7 months ago - 10 years 7 months ago #111800 by bro58
Replied by bro58 on topic WFI and college course? Too ill
Hi B,

As a public service provider they have an obligation/duty to make "Reasonable Adjustments" where the claimant fulfills the definition of a "Disabled Person" under EA2010 as at sections 20 to 22 :

www.legislation.gov.uk/ukpga/2010/15/contents

www.gov.uk/definition-of-disability-under-equality-act-2010

See this extract also, which although it refers to "work", would also be applicable to any WRA including training courses. :

"It is worth noting that there is a greater emphasis throughout guidance is on ensuring that the activity identified is appropriate for the participants health condition or disability and being aware of their barriers to work, including ill health/disability and any reasonable adjustment requirements when organising an activity with an employer."

From : www.dwp.gov.uk/docs/work-programme-memo-082.pdf

If they fail to pay due regards to the above, they may be in contravention of EA2010.

Referring to the EA2010 with the adviser, may have a positive affect.

bro59
Last edit: 10 years 7 months ago by bro58.

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