ESA entitlement!

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ESA entitlement!

Postby confused » Sun Nov 22, 2009 11:37 pm

Hiya
Below is what the DWP use as their blueprint for entitlement to ESA and guess what? Because FMS cant be catogorised as a specific illness we will find it very impossible to qualify unless you have arthritis along with it etc.....


42114 A claimant’s LCW must be due to a
1. specific bodily disease or disablement or
2. specific mental illness or disablement or
3. direct result of treatment by a registered medical practitioner, for such a
disease, illness or disablement
and is assessed by their ability to perform defined activities. The level of each
activity is measured by points which must reach a set total for entitlement to benefit
(see Appendix 1 to this Chapter)1.

http://www.dwp.gov.uk/docs/ch42-23312.pdf

Sorry but i thought people should be aware of their LAW!
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Re: ESA entitlement!

Postby shazq » Mon Nov 23, 2009 11:41 am

Thanks for posting that info.
Very interesting.
As a Public Moderator of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia.
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Re: ESA entitlement!

Postby LinzWorld » Mon Nov 23, 2009 12:29 pm

Why can't Fibro be classified as a specific condition???
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Re: ESA entitlement!

Postby LuvCats » Mon Nov 23, 2009 5:52 pm

I managed to get in the ESA support group.
I was originally placed in the WRAG but after I complained to the DLA and requested an oral tribunal hearing, they put me in the support group on "reconsideration".
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Re: ESA entitlement!

Postby confused » Thu Nov 26, 2009 1:30 am

Hiya Linzworld apparently Because it cant be diagnosed like Arthritis with blood tests and the like, I dont know the rest im not a doc, but the DWP gets its info from a top group of illness experts who are you guessed it Psychiatrists and the UK Gov are listening to them. Our illness is classed as a syndrome and cant be classed as a specific illness to the powers that be........and they dont want to understand it because 2% of the population has it.....and that only means more money to them, sod the people and human rights

Hiya Luvcats, what does WRAG stand for and did you complain to the DWP themselves?

i am sick of going to the medicals now and seeing the most lovely medical docs the Atos people have, time and time i am turned down, I am able to walk and i look healthy but i cant get up in the mornings because im just tired all the time, i am in pain but i just have to get on with it, as my limbs move when they tell me to do their hands knees and toes excercise but its all effort and i have not the brain capacity when i speak to explaain to them how it is as when im home i fight through any daily tasks and suffer in my own time but in work i dont think they would be too thrilled if i lay down and went for a kip in the afternoon or had a warm bath and relaxation hour.......to get rid of the pain, i am in yet another appeal, no money and god im stressed, emotional, i cant stop crying as i just think its me that they just dont believe as everyone else seems to get it......... sorry for the outburst but im low low low :grouphug:
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Re: ESA entitlement!

Postby smiler22 » Thu Nov 26, 2009 1:42 am

im probably gonna answer this wrong. but i was told for dla and incapacity esa etc that fibro is a recognised illness disease or whatever it is. such as arthritis, heart probs, hypermobilty , diabets etc. the government actually have it written as a recognised health problem for all there paper works.

???????????????????????????/
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Re: ESA entitlement!

Postby LuvCats » Thu Nov 26, 2009 7:54 am

Hi confused WRAG means work related activity group, where you qualify for ESA but they say you have limited capabity for work, and as such you have to attend five pathways to work interviews.
Yes I complained very strongly to the DWP and told them I wanted to attend an oral hearing tribunal.
Within a week they sent me a letter stating they had reconsidered my case and now placed me in the support group.
I know I would've won it at tribunal and the DWP must've realised that too, but I think they try it on by putting most succesful ESA claimants into the WRAG, regardless of whether or not you're actually fit for paid employment!
The DWP never did respond to the many points of my complaint and once they placed me in the support group I never purseud it because the stress had made me feel so ill.
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Re: ESA entitlement!

Postby confused » Thu Nov 26, 2009 7:24 pm

Thanks Luvcats, thats good to hear as i scored 12 points on the medical test and do want to get into the WRAG, many thanks for your help.
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Re: ESA entitlement!

Postby fragglerox » Thu Nov 26, 2009 11:40 pm

Oh dear, I hope everyone is feeling a little better by now. The link provided by 'confused' does make for mind boggling reading, very difficult to understand and needs a good translator but this bit grabbed my attention:-

Limited capability for work assessment 42171 42176
Vol 8 Amendment 1 February 2009
Determination of the limited capability for work
assessment
42171 The DM determines whether the assessment is satisfied from
1. the questionnaire if one is available (see DMG 42102) and
2. a certificate or letter from the GP1 if one is available and
3. the medical report of the claimant’s ability to perform the specified functions
and
4. any other relevant evidence.
1 SS (Med Ev) Regs, reg 2(1)(c)
42172 The normal principles apply to considering the evidence (see DMG Chapter 01).
42173 The LCWA does not have to be satisfied in respect of each day1. A claimant should
satisfy the test throughout a period. A claimant whose condition varies from day to
day and who would easily satisfy the LCWA on three days a week and would nearly
satisfy it on the other four days might have LCW for the whole week.
1 R(IB) 2/99
42174 A claimant may have long periods of illness separated by periods of remission
lasting some weeks, during which he or she suffers no significant disablement; such
a claimant might have LCW during the periods of illness but not have LCW during
the periods of remission. This is so even if the periods of illness are longer than the
periods of remission1.
1 R(IB) 2/99
42175 The test of whether a claimant cannot perform an activity is not whether or not they
are physically incapable of performing it. Matters such as pain, discomfort and
repeatability are taken into account. A claimant is not capable of carrying out an
activity if they can only do so with severe pain or, if having done it once, they are
unable to repeat it for hours or days. The extent of a claimant’s ability to repeat the
activity in a single stretch and of the intervals at which the claimant would be able to
repeat the performance should be identified. A decision can then be made on
whether the claimant can perform the relevant descriptor with reasonable regularity.
42176 There is no specific requirement that a claimant must be able to perform the activity
in question with “reasonable regularity”. Even so regard should be had to some such
concept. The real issue is whether, taking an overall view of the claimant’s limited
capability to perform the activity in question, they should reasonably be considered to
be incapable of performing it. The fact that they might occasionally manage to
accomplish it, would be of no consequence if, for most of the time, and in most
circumstances, they could not do so1.

Having glanced over this gobbledgook, I am none the wiser but I do remember reading somewhere, and it may be out of date, that Fibromyalgia alone is not enough to qualify and that you have to have something else on top such as CFS. As I say, that information may well be out of date and I can't remember where I read it. It would be reassuring to know if Fibro is enough alone now to be considered as LCW. Not sure if I've made much sense - heads a bit foggy on the new meds. :dunno:
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Re: ESA entitlement!

Postby smiler22 » Fri Nov 27, 2009 12:16 am

yep it would be great if it is now recognised on its own. i was told this.but dont know how true it is. but i have found before that one person say on social services has said xyz then when you get talking to someone else ie job centre they then tell you this is not right or they havent heard of it etc......

so dont know for sure if it is def recognised now. but would be interesting if anyone else has been told this.
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Re: ESA entitlement!

Postby LuvCats » Fri Nov 27, 2009 10:01 am

I unfortunately have multiple health problems and that's why I scored the 51 points, but realistically I hould've scored more than that, and that formed part of my complaint to the DWP.
However I was so relieved when they placed me in the support group I was just too ill t pusue my complaint.
You need 15 points to qualify for the WRAG group but their descriptors are so rigid and complicated, making it hard for claimants to qualify.
I'm a member of the benefitsandwork site and it's been invaluable in helping me understand and successfully claim both ESA and DLA.
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