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ESA DILEMA WRAG causing suffering

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11 years 9 months ago - 11 years 9 months ago #109230 by 877462
ESA DILEMA WRAG causing suffering was created by 877462
My wife in March, filled in the relevant forms moving from IB to ESA , shes had a ATOS medical and the decision is that she's been placed in the WRAG group CB. She reluctantly, was terminated from“ any work “ in the NHS. 6 years ago. She is 50, and she's been previously diagnosed with chronic asthma and Lipedema ( not lympoedema). She been told theres on numerous occasions, theres NO cure for the lipedema and management is very poor. Because of asthma, cant have stronger pain relief and she's in pain mostly severe, even at rest. Been told by specialist, that Diet and exercise will have not have an affect on the condition. In fact symptoms have got worse over the years. After asking for an explanation from DWP, which stated “could be available for work in 18 months, and can walk 100 metres”, although both her legs are hard and 2 to 3 normal size.and she is in constant pain. AND I cant remember the last time she walked 30 yards not in pain. ( it beggars belief where this 18 months and walk 100 metres as come from) – The medical services report states that “her legs are grossly over sized , found walking 15 meters to be in pain and breathless and this was found to be consistent, and the evidence suggests she will have some problems with all lower limb activity- significant disability is likely. She has appealed with support of her GP, and forwarded photos and GP letter,in the meantime she now has to attend work focused interviews, the next, is this monday and she has had to have, enrolled for an I T class , and filled in a .CV.
She's been told, by her JC +personal advisor, she would not have to look for work until 18 months. And the WFIs are to get her ready for this. She has formally requested a deferment WFIs , until appeal, or has been looked at again, but been refused.
Yesterday she's been diagnosed with IBS of which requires further tests to see if its not more sinister. The GP is saying to avoid stress, rest -laying down, as much as possible and elevate her legs, to try and ease the pain, Her GP states she is very anxious and states categorically that she has deteriorated since the first WFI and I agree. The personal advisor at the first WFI , stated she could see how much distress she was in, after travelling etc and sympathised with situation by making the WFIs 6 weeks apart.
I do admit , she get very anxious and worries too much, which is, I think is leading to depression. Her JC+ personal advisor has recommended she applies for PIP and a disabled bus pass. She feels she would be sanctioned if does not attend the WFI , but her GP is indicating, not to comply , because her long term health is more important.which as created this dilemma.
Does she, what seems like going against her GP (medical advise)and take active part in attending the WFIs. Or get sanctioned, and do has her GP keeps telling her. Eg . Avoid stress, rest , elevate legs etc. She, I and her GP get feeling that these WFIs are just playing lip service to the system. Could she voluntarily give up the WRAG part (I dont know how much) of the ESA payment, at least until the appeal is heard , and it sounds like she would have to reapply in 12 months any way, because of CB award. The recent diagnosis of IBS and the lipedema now looks like its starting to affect her arms. ALL since this the first WFI. clearly this is exacerbating her illness and even adding to it. Would would be the best direction to address, her case with the DWP. ?

grahamfromossy

grahamfromossy
Last edit: 11 years 9 months ago by . Reason: Tick.

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11 years 9 months ago #109239 by Gordon
Replied by Gordon on topic ESA DILEMA WRAG causing suffering
graham

I am afraid there really are no options in regard your wife being in the WRAG, there is no lesser "state" that she can drop down to which will allow her to avoid Work Related Activity.

If she closes her claim, then her only route back onto ESA will if she is eligible for Income Related ESA which will be dependant on your household income, assets and savings, and any hours that you work.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Even if she wins her appeal her ESA will not be re-instated, the closure will trump the Decision.

If she does not perform any WRA requested, then she will be sanctioned, see

Changes to ESA Sanctions

A word on WRA, the JC+ advisor must take into account any limitations that result from your wife's conditions when they decide what WRA is appropriate, if your wife's health is being made worse by the WRA she should make them aware of this.

In regard the appeal, the deteriorations in her condition since the original Decision Date cannot be considered by the DWP or any Tribunal panel, however, if your GP is prepared to support you, she could asked to be re-assessed based on a worsened condition.

I have to warn you that there are risk to this! She will need to complete a new ESA50 and likely attend a f2f assessment, the Decision will be primarily based on the change in her health and you will be expected to provide all of the evidence to support this. The new Decision will limit any Tribunal result, so were she to win the tribunal and be placed in the SG but the assessment Decision is to put her in the WRAG, this will take precedence. A new Decision may not be made any earlier than a Tribunal one.

If you want a more detailed explanation of the above, please reply tp this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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