Employment and Support Allowance (ESA)
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Mandatory recounts- put in WRAG group

bobby1221bobby1221 Member Posts: 11 Listener
Hi I been in support group for some years now. But recently went to a medical. And was told I would be put in work related activities group. Despite being told that I be a risk to myself or others if I would ever been deemed able to work etc. They think it's ok for me to be in this group. I don't honestly see the point in any of it. I keep myself to myself. I don't even like going to see the GP. Let alone being force to attend these meetings. I got a letter from my doctors and I am sort of getting help with this by a (drop in) support worker. I been diagonised with most mental health issues some I can't even spell so not going to try to. I hate formal stuff so not looking forward to if the mandatory recount fails. I worry if having this forced upon me that I will go backwards. Instead of forwards. I just want the world to leave me alone I don't have much to do with society's. In the past I have got a history of violence. I was classed by the medical profession as violent and unpredictable. But having this all thrown at me. When I jus want a quietish life. I said to my gp that I don't really get on with people it's easier I know my limits. So so not looking forward to any of it as in the past it never has or never will run smooth

Replies

  • LostLost Member Posts: 50 Courageous
    Hi and welcome MR ( Mandatory Recknsidiration ) is not always bad thing I just won my MR Read my post on MR Success story posted in this section if the website few posts under yours. No matter what your condition is they will always say you fit for work. So there is no surprise you have been told this. 

    My advice once you receive letter from them and telling you that you scored 0 
    Go to your local library if you don't have PC with printer at home and point out each and every report section and explain why you disagree for example 

    Report says you can behave in such a way which would be acceptable at work place for this you scored 0 

    Under that write in bold letters

     please see doctors letter attached marked as example 1 which states I would be danger to my self and others around me in working environment for this I should of scored some points. 

    Again above is just an example go trough whole report and find everything you disagree in and write that and explanation under that with supporting documents letters medications and so on. 

    As I said that's what I did and ended up sending 10 Pages to MR 4 pages if that was just report and my explanation why I don't agree and why I should if been awarded points. Eat if the paper was doctors letter which talks about my condition medications I take PIP assessors report where I was scored points but was not given same points on ESA examination all this counts and make sure you are polite as they like that if you start swearing in the letter chsnces are yiu woll loosd MR apeal


    Even if you lo9se MR apeal you can then go tribunal this can take 1 to 2 years depending on where you live but while you waiting for tribunal they will reinstate your ESA at reduce rate you will get I think £30 to £40 less then what you were getting before till tribunal if you win that all payments held back will be back dated so you will get your cash regardless.
    Only problem is you need to send fit note every 3 months while waiting for tribunal.

    I hope this kind helps you and good luck let us know what happens.

    Lost 
  • RipplesRipples Member Posts: 189 Pioneering
    To be placed in the WRAG you would have already have scored the necessary 15 points.You can ask for this to be looked at again with the reasons why you think you meet the criteria of the support group.
  • bobby1221bobby1221 Member Posts: 11 Listener
    edited May 2018
    I scored 0 points. Despite medical evidence to the contrary. Reg 29 or something like that. Put me in wrag. 
  • [Deleted User][Deleted User] Posts: 0 Pioneering
    Hi bobby1221

    Yep, Reg 29 can be used to pass the first part of the work capability assessment. 

    There is a similar regulation in the second part of the assessment which can be used to get you into the support group. So if there would be some substantial risk to your health in doing any work related activity, then you should be excused that activity and placed in the support group. 

    Have a look therefore at Appendix 3 and 4 - especially 4 of the Disability Rights UK's Factsheet 71, which is all about the work capability assessment. 

    https://www.disabilityrightsuk.org/work-capability-assessment

    https://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/selected-upper-tribunal-decision-3

    Good luck with this.

    Gill


  • bobby1221bobby1221 Member Posts: 11 Listener
    Thank you gill for this. I will be definitely chasing this up as I feel it's gonna push me into a situation of not my choosing it mayb ok for some but it's like a boot not every boot fits everyone. Work has never gone successful and I have just ended up into hospital.

    Work, people, stress.... mixture of all of them or jus one. 
  • [Deleted User][Deleted User] Posts: 0 Pioneering
    Hi bobby1221

    If you go for the support group under regulation 35 - "substantial risk" etc etc, you need to specify what the substantial risk is - for example it might make one of your conditions worse. 

    Gill_Scope
  • bobby1221bobby1221 Member Posts: 11 Listener
    Thank you yes will do. I feel it will make me 20 times worse. I jus want to be left alone. But will fight this all the way. 
  • [Deleted User][Deleted User] Posts: 0 Pioneering
    That's the spirit. If you have to appeal, try to get a local benefits adviser to help you with this. In some parts of the country,  there are caseworkers who can support you through the stages, in others there are caseworkers who can at least help with writing the grounds for appeal and advise you about the strength of your case and whether you have good medical evidence. You could start with the local Citizens Advice, as, if they don't have a caseworker, they may know who, locally, does have. 


  • bobby1221bobby1221 Member Posts: 11 Listener
    I have got a long history been in hosp for long stretchers. Work I have tried and many times but always ended up been chuck back in hospital. And starting back off from beginning. So not totally infused with rocking the boat. Yes in an ideal world i be in work. But I know my limitations. I do feel it's targeted as they know I hate social, formal or any types of interactions. But will fight it. As I don't see it's in my best interest. To often it's gone totally pear shape that's even on one there so called schemes in the past. It started off ok but soon ended in a total mess. People and being paranoid and compulsive isn't a good mix. So I try my best to avoid at all cost. And that's jus a tip of my issues.
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