Put on work group because I can sit and read.

Hi, this is my first post although I subscribed a couple of months ago.

I was put off work by my doctor in August with a bad back, neck and severe depression. As I only worked part time I had to claim ESA. (About 2 years ago I also claimed ESA as I was put off work with suspected heart problems, I was put into the work group but signed off as soon as it was confirmed I didn't have anything wrong with my heart, although I was still getting chest pains.)

So 2 years down the line I'm back worse than before. Since August I've had an MRI confirming that I have severe degradation of the upper and lower spine. I am now waiting for an appointment to have lumbar epidural steroid injections to ease the pain. The upper spine is affecting the nerves in my chest giving me the chest pain. I can't stand or walk very long and even sitting causes discomfort. As for the depression, it's got to the stage where I have difficulty leaving the house on my own.

So about 3 weeks ago I went for my assessment (my husband accompanied me). Everything seemed (I thought) to go well. Today I get a phone call asking me a few questions. The upshot is that they are putting me on the work related group. Apparently as I am able to sit and read, I am able to go to work. I asked about the depression and because I told them that I had been to the doctor on my own (doctor is just around the corner) apparently my depression can't be that bad.

If I don't like it, she said, I can appeal.

I have also had a letter telling me that my contribution based ESA will end in February and it will be based on household earnings. Well that means I will get nothing as hubby is just above the threshold. Obviously 30 years earning paying tax and national insurance mean nothing.

I feel so down about the whole thing. I know I should fight it but at the moment I just feel like giving up.

Thank you.

I've changed the name thingie.

I'll wait for the letter to arrive and go from there. I might have a lot of questions come the time.

So 1 week ago I got a reply to my mandatory reconsideration. They say that I have limited capability for work but do not have limited capability for work related activity. What is work related activity?

Anyway with this they send me a "what to do if you think this decision is wrong" letter telling me I can appeal but not until they have looked at this decision again, saying "we call this a Mandatory Reconsideration". Now bearing in mind that this letter was a reply to my request for a mandatory reconsideration and they told me in this letter that the decision has been reconsidered, are they now asking for a mandatory reconsideration of the mandatory reconsideration already given?

I phoned them last Friday to ask what this is about. The first person I spoke to wouldn't even take my NI number and told me it was nothing to do with them. I had to phone Tribunal Services and gave me a number to phone. I phoned the number. The number he had given was the child benefit number, no good to me. So I phoned them back and got put through to a different person who told me that yes they know what they sent me but another letter had been sent that day telling me how to appeal the decision. One week later and the letter has still not arrived.

So are they trying to delay things until the month is up and then I have no recourse?

I'm not sure what to do now. I'm thinking of writing a letter and sending it by recorded delivery. I'm also thinking of writing to my MSP. Would going to CAB be a good idea?

I'm determined to see this through to the bitter end.

sIf anyone could give me any advice as to where I should go from here, it would be greatly appreciated.

Thanks.

Bramble wrote: So 1 week ago I got a reply to my mandatory reconsideration. They say that I have limited capability for work but do not have limited capability for work related activity. What is work related activity?

Anyway with this they send me a "what to do if you think this decision is wrong" letter telling me I can appeal but not until they have looked at this decision again, saying "we call this a Mandatory Reconsideration". Now bearing in mind that this letter was a reply to my request for a mandatory reconsideration and they told me in this letter that the decision has been reconsidered, are they now asking for a mandatory reconsideration of the mandatory reconsideration already given?

I phoned them last Friday to ask what this is about. The first person I spoke to wouldn't even take my NI number and told me it was nothing to do with them. I had to phone Tribunal Services and gave me a number to phone. I phoned the number. The number he had given was the child benefit number, no good to me. So I phoned them back and got put through to a different person who told me that yes they know what they sent me but another letter had been sent that day telling me how to appeal the decision. One week later and the letter has still not arrived.

So are they trying to delay things until the month is up and then I have no recourse?

I'm not sure what to do now. I'm thinking of writing a letter and sending it by recorded delivery. I'm also thinking of writing to my MSP. Would going to CAB be a good idea?

I'm determined to see this through to the bitter end.

sIf anyone could give me any advice as to where I should go from here, it would be greatly appreciated.

Thanks.

Hi B,

We are aware that in some circumstances the DWP are treating the challenge of an adverse decision as a 3 stage process, rather than a 2 stage one. (MR then Appeal)

It seems that they will try anything to stop a claimant getting to The Appeal Stage.

It has been discussed at some length on ; This rightsnet thread,

My best advice would be to play their game and issue another written request for an MR ASAP.

Sending Documents to the DWP or ATOS

Unfortunately, The Tribunal Service will not accept a direct lodgement for an appeal until you have an MR Notice from the DWP, and send copy of it with your request for an appeal.

See our recently updated : ESA MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You could of course play ball with The DWP and also complain to your M.P. :

Contacting your MP

Limited Capability for Work (LCW) is what you are assessed to have if you are placed into The WRAG.

So you are unfit for work, but fit enough to take part in Work Related Activity. (WRA)

To be placed into The Support Group, not only must you be classed as LCW, (Unfit for Work) you must also be assessed as having Limited Capability for Work Related Activity. (LCWRA) (Unfit to take part in WRA)

All this is covered in our : ESA Claims Guides which I suggest that you read to gain an understanding of how ESA "works".

Regarding being in The WRAG, and taking part in WRA, see :

Work Focused Interviews

Work Programme

&

Changes to ESA Sanctions

As you have been placed into The WRAG, if you are entitled to payment of CB ESA only, you should read this : 12 Month Limit for ESA(CB)

bro58