have been put into ESA WRAG INSTEAD OF SUPPORT GROUP ADVICE PLEASE

[littlesteve]

HELLO EVERYONE,
I have had insulin diabetes for 43 years since age of 9, since 1968 43 years, now nearly 52, have worked all my life since age of 15, and lied to go to work as companys wouldnt employ me with my health condition, about year ago suddenly got complications.
Neuropathy of feet and hands severely ( nerve damage ) which means have probs. walking and using hands as in constant pain, on max pain ikillers and antidepressants coz of severe depression caused by 43 years of diabetes, also where I used to get warning of hypos ( low blood sugar ) no longer get warning any more so wife cant leave me for very long, and is now my carer and im on DLA 2 middle rate
Am shortly going to have intravenous pain killer trial to see if this helps, have been put on new insulin pump to stop complications getting worse, have had consultants, gp, specialist letters, I went to ATOS medical and they said would recommend me for support group even tho she didnt examine me coz of all the reports and my condition, but got letter saying they have put me into back to work group!!!!!
Awaiting copy of medic. report any day now, been to local disability action group and they are representing me, handed letter into local MP at her surgary ( THERESA VILLIERS ), had to gotto WRAG interview today with wife, and I walked out, so disgusted, when wife said she was my carer, he just said they could arrange transport!!!!! to pick me up for work etc, he just didnt listen at all no matter, he didnt reply when I asked him if he knew what diabetes is, he stated from start that he was not medically knowledgeable
How can someone give advice when they no nothing, we have not had the extra money for esa, only basic, and I get DLA 2 and my wife carers, so if they threaten to SANCTION ( there new word for cutting money ) we wont notice any diff., they say they are gonna giv back pay we dont want it coz it just goes on council tax and rent, just want them to leave us alone as have enuff probs. as it is, have rung to complain about him, but manager wont be there til friday so will ring em then and if no joy will complain about the manager etc, also when get report will complain if medic lied to us to ATOS and GMC, we have appeal which the DIS. Action people are dealing with, my GP wrote a fantastic letter for me and she was disgusted with them and said let them bring it on!!!!! has anybody on this site had similer probs. how can they do this when on DISABILITY LEVEL 2 INDEFINETLY AND GET CARERS and then say I m fit for work, only just got this help after 43 years!!!!!!!!

STEVE

[treborc]

Well they say you will get a taxi but when I had a job the taxi was great it lasted six weeks before they called me back in to tell me a bus was running down the road and I could use the bus, I explained that the bus did not have a wheelchair lift and they asked me if I really needed a wheelchair.

The simple fact right now I have no doubt what so ever this is about cutting benefits then getting people back to work, so how do you go about changing things, writing to your MP may help I some how doubt it because both labour and the Tories have agreed to this system.

So you say you have an adviser what did they say they would do next, have you appealed this decision, are you talking it to a tribunal.

If not would this not be the way to go, or in three months time send in the forms again and s try again.

But leaving us alone, well that's not going to happen, we will have to keep proving that we are disabled, I suspect i will have to prove the damage to my legs will never get better.

DLA actually DLA proves nothing, I get high rate of care and high rate of mobility, but I could get both and be in work, DLA just proves the medical problems who have affect your life, it does not prove that your more or less disabled then anyone else.

I suspect you should be seeking to appeal the decision fast

[Duncan]

To be put in the support group of ESA you would have to satisfy this;

The following groups are treated as having limited capability for work related activity. A person in any of these will be placed in the support group even if they have little or no limitation of function at the time of the assessment:

*
terminally ill; ie suffering from a progressive disease and death can reasonably be expected within 6 months
*
receiving intravenous, intraperitoneal or intrathecal chemotherapy
*
by reason of a specific disease or bodily or mental disablement there would be a substantial risk to the mental or physical health of any person if found not to have limited capability for work related activity
*
a pregnant woman, where there would be a substantial risk to her or the baby's health if she undertakes work related activity.
*
From 28 March 2011:
people expected to start chemotherapy within 6 months of the assessment.

Assuming your only income is your ESA with DLA and your wife gets Carers Allowance, Your wife could claim Income Support as a Carer.

Income Support rates;

£105.95 couple
£31.00 carer premium
£41.10 disability premium.
_______
£178.05 a week. Deduct your ESA and the carer allowance. anything left can be paid as income support plus you can get mortgage interest paid or rent/council tax rebate.

[treborc]

phew you'd be able to go on a Caribbean holiday on that, which shows how the Labour party screwed us all with it's WCA.

[Jen66]

To be put in the support group of ESA you would have to satisfy this;

The following groups are treated as having limited capability for work related activity. A person in any of these will be placed in the support group even if they have little or no limitation of function at the time of the assessment:

*
terminally ill; ie suffering from a progressive disease and death can reasonably be expected within 6 months
*
receiving intravenous, intraperitoneal or intrathecal chemotherapy
*
by reason of a specific disease or bodily or mental disablement there would be a substantial risk to the mental or physical health of any person if found not to have limited capability for work related activity
*
a pregnant woman, where there would be a substantial risk to her or the baby's health if she undertakes work related activity.
*
From 28 March 2011:
people expected to start chemotherapy within 6 months of the assessment.
.

You've missed a few others including :

8. Absence or loss of control over extensive evacuation of the bowel and/or bladder,
other than enuresis (bed-wetting) despite the presence of any aids or adaptations
normally used.
(a) At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;
or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.

[Bingo]

You've missed a few others including :

8. Absence or loss of control over extensive evacuation of the bowel and/or bladder,
other than enuresis (bed-wetting) despite the presence of any aids or adaptations
normally used.
(a) At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;
or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.

My wife has today received her letter from the DWP, explaining that she is entitled to Contribution Based ESA, having been placed in the WRAG.

Given that the above circumstances apply to her, i. e. at least once a week, ought she to have been automatically placed in the Support Group (can anyone point me to precisely where the Legislation outlining this aspect is to be found please).

I believe she clearly demonstrated via the initial application form and her medical that this was infact the case.

Thank you.

[Jen66]

Given that the above circumstances apply to her, i. e. at least once a week, ought she to have been automatically placed in the Support Group (can anyone point me to precisely where the Legislation outlining this aspect is to be found please).



Thank you.

http://www.legislation.gov.uk/uksi/2008/794/part/5/made

http://www.rightsnet.org.uk/forum-ar...index45fe.html

You have to understand that either the DM or the Tribunal accept you meet the criteria first.

[Littlelucy]

re the point about bowel/bladder problems being a reason for support group.
this isnt true. I have frequent bowel and bladder incontinence due to injuries sustained during a sexual assault,
yet I have been put in work activity group.
I also suffer from mental disability (a form of autism) arthritis and depression/PTSD due to being attacked.
I am at high risk of causing or being in danger in the workplace as I cannot communicate with strangers.
yet I have not been put in support group.
now I am considering suicide as I cannot face attending interview for reasons given on the thread I started.

[davewhit]

re the point about bowel/bladder problems being a reason for support group.
this isnt true. I have frequent bowel and bladder incontinence due to injuries sustained during a sexual assault,
yet I have been put in work activity group.
I also suffer from mental disability (a form of autism) arthritis and depression/PTSD due to being attacked.
I am at high risk of causing or being in danger in the workplace as I cannot communicate with strangers.
yet I have not been put in support group.
now I am considering suicide as I cannot face attending interview for reasons given on the thread I started.

If you have frequent bowel and bladder incontinence it has to be an amount that needs change of clothes and bathing I think the DMG Ch 61 might have more details or look here http://www.disabilityalliance.org/esahandbook.pdf