I'm going from IB to ESA WRAG without medical

Hi
I've been on long term IB & am now going onto ESA, I expected this but thought with all my health problems I would go in the support group, I'm not sure a medical would make any difference judging by the amount of really ill people who have failed it but those forms surely don't give an accurate picture of someones health.
On top of my long term health problems I am now waiting to go into hospital for a total hysterectomy (not sure that's spelt correct) My consultant wants to have me in within the next 2 months as I have a high risk of cancer & I will be 6-8 weeks recovering so I'm probably not going to be fit for anything for 4 (fingers crossed) - 6 months maybe.
Is that enough to appeal to be placed in support group ? I'm 60 December so highly unlikely to find work if I was fit enough to do any.
Thanks in advance

carolewithanE wrote: Hi
I've been on long term IB & am now going onto ESA, I expected this but thought with all my health problems I would go in the support group, I'm not sure a medical would make any difference judging by the amount of really ill people who have failed it but those forms surely don't give an accurate picture of someones health.
On top of my long term health problems I am now waiting to go into hospital for a total hysterectomy (not sure that's spelt correct) My consultant wants to have me in within the next 2 months as I have a high risk of cancer & I will be 6-8 weeks recovering so I'm probably not going to be fit for anything for 4 (fingers crossed) - 6 months maybe.
Is that enough to appeal to be placed in support group ? I'm 60 December so highly unlikely to find work if I was fit enough to do any.
Thanks in advance

Hi C,

It is not clear whether or not you have returned your ESA50 yet.

If you haven't you should include any relevant information regarding having to go into Hospital, as mentioned in your post.

If you have, you should send any new information to ATOS at the same address as you sent the ESA50 to.

To qualify for entry to The SG you must fulfill at least one of The SG Descriptors, as seen here :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

And/Or qualify under the Exceptional Circumstances Rules, under ESA Regulation 35 :

ESA Reg 35 for entry to The SG (LCWRA)

The above is the only way that you can qualify for The SG.

See also : Qualifying for the Support Group

bro58

carolewithanE wrote: Hi
I've been on long term IB & am now going onto ESA, I expected this but thought with all my health problems I would go in the support group, I'm not sure a medical would make any difference judging by the amount of really ill people who have failed it but those forms surely don't give an accurate picture of someones health.
On top of my long term health problems I am now waiting to go into hospital for a total hysterectomy (not sure that's spelt correct) My consultant wants to have me in within the next 2 months as I have a high risk of cancer & I will be 6-8 weeks recovering so I'm probably not going to be fit for anything for 4 (fingers crossed) - 6 months maybe.
Is that enough to appeal to be placed in support group ? I'm 60 December so highly unlikely to find work if I was fit enough to do any.

Rather type all this out again, it's pretty much up to date except.........
When I filled in the ESA claim form I did not check any of the boxes for 'moving around' because I can't even walk 50mtrs without severe pain, I wrote in the comment box that walking any distance is very painful & that I only get minimal, short term pain relief, I'm on DHC. I also stated in the 'About your illness or disabilities' that I am in constant pain.
Whoever did my medical by just reading my claim form stated that they confirmed my health issues & the medication prescribed for them was as I'd stated & that they didn't think there would be any improvement within the next 2 years.
I've, today, received my tribunal papers & will go ahead with it but I don't know what else I can do, surely 'in constant pain' means just that & the fact that I can't even manage the minimum 50mtrs without severe pain should give me points from the descriptors set out in schedule 3 plus if I'm only able to claim for 365 days & 'their' opinion is that I won't improve within the next 2 years, what happens then ?
I'm sorry if this is a bit rambling but I really am feeling stressed & depressed by it all but as that was not the case when I 1st claimed they wouldn't even address that let alone take it into account.
Thanks in advance
C'

Hi cwae,

Did you want to post a comment, as this is just a quote of the previous post ?

bro58

Hi
I've gone onto ESA from IB, I've been placed in WRAG I asked for decision to be looked at again, it was & it was upheld so now I'm going to tribunal.
I was awarded 'at least 15 points from the appropriate descriptors and have limited capability for work'
They determined that 'by reason of my medical condition none of the descriptors set out in Schedule 3 apply'
On my ESA claim form I did not check any of the boxes for Physical functions-Moving around because I can't even walk the minimum 50 mtrs without severe pain, I stated in the comment box for this section that I am in constant pain & walking any distance is extremely painful & that I only get minimal, short term pain relief, I'm on DHC.
I also explained this in the 'About your illness or disability' section.
They replied that 'Whilst it is accepted that Mrs B experiences pain and discomfort it must be remembered that activities do not have to be performed without any discomfort or pain. The decision maker has chosen the descriptor that reflects Mrs B's level of functioning for the majority of the time.'
How do they reach that when I have at most 2 hrs less pain during 24 hrs, how is that majority ?
I'm understanding that ESA will only be paid for 365 days, they accepted that I would be unlikely to improve within the next 2yrs so what happens then, when they accept I will be as bad if not worse by then.
This whole situation is making me so stressed & I think depressed but as this wasn't the case when I first claimed they're unlikely to take it into account.
I hope I've managed to explain better than my previous post.
Thanks in advance
C

carolewithanE wrote:

carolewithanE wrote: Hi
I've been on long term IB & am now going onto ESA, I expected this but thought with all my health problems I would go in the support group, I'm not sure a medical would make any difference judging by the amount of really ill people who have failed it but those forms surely don't give an accurate picture of someones health.
On top of my long term health problems I am now waiting to go into hospital for a total hysterectomy (not sure that's spelt correct) My consultant wants to have me in within the next 2 months as I have a high risk of cancer & I will be 6-8 weeks recovering so I'm probably not going to be fit for anything for 4 (fingers crossed) - 6 months maybe.
Is that enough to appeal to be placed in support group ? I'm 60 December so highly unlikely to find work if I was fit enough to do any.

Rather type all this out again, it's pretty much up to date except.........
When I filled in the ESA claim form I did not check any of the boxes for 'moving around' because I can't even walk 50mtrs without severe pain, I wrote in the comment box that walking any distance is very painful & that I only get minimal, short term pain relief, I'm on DHC. I also stated in the 'About your illness or disabilities' that I am in constant pain.

Whoever did my medical by just reading my claim form stated that they confirmed my health issues & the medication prescribed for them was as I'd stated & that they didn't think there would be any improvement within the next 2 years.
I've, today, received my tribunal papers & will go ahead with it but I don't know what else I can do, surely 'in constant pain' means just that & the fact that I can't even manage the minimum 50mtrs without severe pain should give me points from the descriptors set out in schedule 3 plus if I'm only able to claim for 365 days & 'their' opinion is that I won't improve within the next 2 years, what happens then ?
I'm sorry if this is a bit rambling but I really am feeling stressed & depressed by it all but as that was not the case when I 1st claimed they wouldn't even address that let alone take it into account.
Thanks in advance
C'

Hi C,

I now see that you had posted comment as above, but had somehow tied it in as a quote with the previous two posts.

The only distance that you can "Mobilisise" as per the descriptors that should be taken into account is the distance mobilised before the onset of significant pain, discomfort or breathlessness.

Any distance after that should not be counted, e.g. if you can manage to mobilise 20 metres but then have to stop due to significant pain, discomfort or breathlessness, but can then go on to mobilisise a further 20 metres, it is only the first 20 metres that should be counted, not the total of 40 metres.

Further, to be counted as being able to carry out any activity, you should be able to do so repeatedly, reliably and safely, for the majority of the time, >50% of the time . If not, you should be classed as not being able to carry out the activity at all.

This is covered in our :

ESA claims guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides


Also with respect to The SG, see ESA reg 34. (2) :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

bro58