High Blood Pressure and Asthma

Meg3 wrote:

Hi Bro Have you read the following links re regulations 29 and 35 News provided by John Pring at www.disabilitynewsservice.com It says the following-

Two little-known government regulations could hold the key to helping thousands of sick and disabled people who have been unfairly found “fit for work”, according to a new campaign.
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. 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).
He has already used the letter to help five patients who were facing appeals.

I am going to ask my GP to provide a supporting letter ready for my ESA Assessment on 17th Dec as I do not think I can take any more from them
Meg

Hi M3,

Yes, we are aware of the above.

Reg 29 and Reg 35, Exceptional Circumstances rules are covered in our : ESA Claims Guides , 3rd and 4th links down.

I would err, from relying on Regs 29 and 35 alone, unless you could provide significant evidence regarding the "Substantial Risk" which has no absolute legal definition.

I can also foresee problems in getting ones G.P. to sign any such declaration, of course that will depend on the individuals G.P. and how supportive they were.

Current feedback would point to the fact that G.P.'s are becoming far more reluctant to supply letters of support, etc, for their patients, they are not contractually obliged to do this, whether a fee in paid or not.

Of course, it is entirely upto the individual, as to whether they wish to try this option.

bro58

I also found the following template of one of the letters which I will be using at my Assessment on Monday, with a supporting GP letter. I suggest anyone worried of their worsening conditions to do the same. I wish I would have done this orginally.

ESA letter for claimant to be submitted with ESA50 form or presented to the DWP/Atos WCA Assessor

To whom it may concern
Following this Work Capability Assessment I may be found
fit for work
or
placed in the WRAG (work related activity group)
In my opinion this will be contradiction of my own General Medical Practitioner’s knowledge of me over time, clinical assessment and medical certification.
My General Medical Practitioner is the custodian of my primary medical record which has been accumulated during my lifetime in the UK
My Past Medical History and current problems include:
1
2
3
4
5
I am of the opinion that exceptional circumstances Regulation 29 may apply:
‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’
Or with regard to the WRAG group decision that regulation 35 may apply:
‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’
I am of the opinion that substantial risk exists because:


Yours sincerely

(Patient’s name)

Phew,

Firstly, many thanks for your indepth reply, which i must say i read a few times just to make sure that i did not miss anything,LOL.

I totally agree with your reply and do get the fact that you on numerous occassions on many of your replies have reiterated that it is how your condition applies to the descriptors,and not the condition itself, gosh, i hope i am not confusing you or anyone else who is reading this

However, i was only trying (maybe too hard or needlessly)draw attention to the condition in the first place and then go onto explain its limitations coupled with other conditions and its limitations.

If you have got this far in reading my reply without climbing the walls and thinking is she mad then i hope you can understand where i was coming from.

Once again, thanks to you and Jim for taking the time to try and help.

Radhika.

radhika wrote:

Phew,

Firstly, many thanks for your indepth reply, which i must say i read a few times just to make sure that i did not miss anything,LOL.

I totally agree with your reply and do get the fact that you on numerous occassions on many of your replies have reiterated that it is how your condition applies to the descriptors,and not the condition itself, gosh, i hope i am not confusing you or anyone else who is reading this

However, i was only trying (maybe too hard or needlessly)draw attention to the condition in the first place and then go onto explain its limitations coupled with other conditions and its limitations.

If you have got this far in reading my reply without climbing the walls and thinking is she mad then i hope you can understand where i was coming from.

Once again, thanks to you and Jim for taking the time to try and help.

Radhika.

Read and understood R.

bro58

Meg3 wrote:

I also found the following template of one of the letters which I will be using at my Assessment on Monday, with a supporting GP letter. I suggest anyone worried of their worsening conditions to do the same. I wish I would have done this orginally.

ESA letter for claimant to be submitted with ESA50 form or presented to the DWP/Atos WCA Assessor

To whom it may concern
Following this Work Capability Assessment I may be found
fit for work
or
placed in the WRAG (work related activity group)
In my opinion this will be contradiction of my own General Medical Practitioner’s knowledge of me over time, clinical assessment and medical certification.
My General Medical Practitioner is the custodian of my primary medical record which has been accumulated during my lifetime in the UK
My Past Medical History and current problems include:
1
2
3
4
5
I am of the opinion that exceptional circumstances Regulation 29 may apply:
‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’
Or with regard to the WRAG group decision that regulation 35 may apply:
‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’
I am of the opinion that substantial risk exists because:


Yours sincerely

(Patient’s name)

Hi M3,

Unfortunately, neither ATOS nor the DWP are obliged to take notice of any input from an individuals G.P. or other treating HCP, although all evidence should be considered.

The reason they give for the above is that it is unlikely that G.P.'s or other treating HCP's have any experience or qualifications in Disability Analysis, whereas all ATOS HCP's are Approved Disability Analysts.

I am not saying this is right, just reiterating the "Party Line" according to ATOS/DWP.

bro58

Meg3 wrote:

I also found the following template of one of the letters which I will be using at my Assessment on Monday, with a supporting GP letter. I suggest anyone worried of their worsening conditions to do the same. I wish I would have done this orginally.

ESA letter for claimant to be submitted with ESA50 form or presented to the DWP/Atos WCA Assessor

To whom it may concern
Following this Work Capability Assessment I may be found
fit for work
or
placed in the WRAG (work related activity group)
In my opinion this will be contradiction of my own General Medical Practitioner’s knowledge of me over time, clinical assessment and medical certification.
My General Medical Practitioner is the custodian of my primary medical record which has been accumulated during my lifetime in the UK
My Past Medical History and current problems include:
1
2
3
4
5
I am of the opinion that exceptional circumstances Regulation 29 may apply:
‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’
Or with regard to the WRAG group decision that regulation 35 may apply:
‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’
I am of the opinion that substantial risk exists because:


Yours sincerely

(Patient’s name)

Bro58,

Just read this post.

Have any other members used this template in their defence with their ESA50 forms and found it to be useful???? The wording of it does sound very useful Meg3, but i am wondering if D/M or Atos will take any notice!!!!

As surely what one would be putting in the "Template", is what they should be putting in the ESA50 form in the relevant descriptors, descriptors, descriptors, (your cath phrase bro58 )to highlight which relevant descriptor they qualify for to get into the S/G.

Hope i have not got the wrong end of stick

Radhika.