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The UKFibromyalgia Forums • View topic - How to gain exemption from dwp/atos- fit for work.



How to gain exemption from dwp/atos- fit for work.

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How to gain exemption from dwp/atos- fit for work.

Postby shazq » Sun Dec 09, 2012 7:47 pm

Came across this interesting campaign from the Black Triangle.


http://blacktrianglecampaign.org/2012/1 ... ngle-dpac/
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Re: How to gain exemption from dwp/atos- fit for work.

Postby Iceskatemum » Fri Dec 14, 2012 8:13 am

Thanks Shazq, its good to know what going on.
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Re: How to gain exemption from dwp/atos- fit for work.

Postby denys » Fri Dec 14, 2012 7:06 pm

Missed this, thanks Shaz :-D :-D
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Re: How to gain exemption from dwp/atos- fit for work.

Postby macca » Fri Jan 11, 2013 1:37 pm

Hi all, I had originally seen this on the Black Triangle website and as you can imagine was intrigued by the title. Once I read what it was about I was still interested in looing to see how I could apply that to my wife's case and the request for supersession and move to the ESA Support Group that we were making late last year.

The initial approach had to be to the GP using the template letter that Black Triangle had drafted. In short he wouldn't have a bean of it. It scared him off looking too much like a legal document and so we had to take a different approach. Ultimately we did get the support of my wife's GP but in a way that minimised any liability on him.

I had to write a short letter to DWP on behalf of my wife outlining specifically why she felt that failure to find that she had limited capability for work related activity, and so forcing her into the work programme, would cause her physical and mental harm. We emphasised how we felt that under ESA Regulation 35 (2) this should allow admittance to the Support Group of ESA. importantly ESA Reg 35 (2) talks about harm being caused to 'any' person, that includes the claimant themselves.

Importantly we didn't molest the truth in any way, just told it like it is. My wife's GP could easily compare this to his knowledge of her conditions and his own records that he has on her. Satisfied that the statements she was making were true and accurate he then added to the correspondence writing "I support her application", siging it off and adding he surgery stamp. So not substantial support but certainly adding something and of course DWP were at liberty to correspond with him further if they had chosen to. The GP supported correspondence was ultimately added to the huge submission that we were sending to DWP an an Appendix (one of 21 in total !) and we sent it on its way.

As you may have read in this thread :- we were ultimately successful in having her moved to the Support Group. At the moment we don't yet know whether it was through application of ESA Reg 35 (2) or meeting the Support Group Mobilising Descriptor, but we have requested a Statement of Reasons from DWP in order to fully understand the reason/s why she was moved to the Support Group.

One thing is for sure, it certainly can't have done any harm.

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