Author Topic: Reconsideration has put me in Support Group!!!!  (Read 5610 times)

agapanthus

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Reconsideration has put me in Support Group!!!!
« on: March 10, 2012, 11:55:52 PM »
I had 2 brown envelopes today and just expected my final marching orders re my ESA WRAG which was to end in April as it was Contributions Related. However it was the DWP replying to my request for a 'reconsideration' of their recent decision to keep me in WRAG.

To my utter amazement they have put me into the Support Group. I didn't qualify under any relevant descriptors so I concocted a nice legal argument for them re Exceptional Circumstances REGs 29 and 35 with appropriate medical evidence, and it seems they agreed with me. Given that I have not had a medical assessment now since 2010 and this was my 2nd paper assessment it seems even more amazing.

It really didn't seem a very strong case and was just done out of desperation, and even a Welfare Rights person indicated that my chances were not good. However I did manage to get my medical notes before I sent the Reconsideration off to them, and this did say that I was considered unfit for work in the 'longer term' so I used that as an argument too, as I checked with the DWP and they consider this phrase to mean at least 2 years. Someone in Benefits and Work gave me a link to a useful booklet that defined the phrase they had put too (apparently there is no hope for me according to their definition  >biggrin<). I told the DWP that by the time the 2 years were up I would be almost ready for my pension so I wouldn't be thinking of retraining for a job......

Anyway I am very relieved as you can imagine. Just in the nick of time, and £50 backpayment too!


(title amended with permission of author)
« Last Edit: March 13, 2012, 08:35:52 AM by KizzyKazaer »

devine63

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excellent news, well done!

Deb

JLRRAC

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Deb you took the word right out of my mouth (MeatLoaf Bat oot o'Hell:o)

Agapanthus, great to hear some good news.

Sunshine Meadows

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Great news thank you for giving those of us not sorted hope that it can be okay.

Quote
Exceptional Circumstances REGs 29 and 35

Would you be able to explain what exceptional circumstances are?

Hurtyback

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Great news, thank you for letting us know  >thumbsup<

Jockice

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Nice one. Join the club.

(for those who don't know I was put straight into the support group without even going through ATOS. I got called into the JobCentre last week though and thought they were going to change something, but they didn't. It was just an informal meeting with my new Disability Employment Advisor (the original one I had has changed jobs and the new guy had been off sick after an operation). Apparently I'm in the support group for three years, unless they do one of those random check things. Which they probably will.)

Fizzbw

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Brilliant! Wonderful news.

I was put in WRAG on my move from IB, no medical, we asked for a review and my MP rang them, no I've been put in the Support Group. I had really hoped it was happening to people who didn't have decent MP's! We were revving up for the section 29 arguments as well.

No one has said when I'll have a review though....

Fizzbw xxxx

Sofie

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Quote
Exceptional Circumstances REGs 29 and 35

Would you be able to explain what exceptional circumstances are?

Quote
hey have a severe uncontrolled or uncontrollable life-threatening disease, and there is medical evidence to show this. There must be reasonable cause for the disease not to be controlled by a recognisable therapeutic procedure;
because of the claimant's illness, there would be a substantial risk to the mental or physical health of any person were they found not to have limited capability for work. This exceptional circumstance is the same one as applies in the PCA, and arguably the case law that applies to it should apply here.

From - http://www.cpag.org.uk/cro/wrb/wrb204/wca.htm#except

KizzyKazaer

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Very useful, those exceptional circumstances, especially the 'substantial risk (to health) if found fit for work' etc.  Quite a few of us might be having to fall back on that one ..

Good to hear a positive ESA story - so the system does work sometimes then, if kicked hard enough   >thumbsup<

Mabelcat

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Really good news!

agapanthus

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Thank you all - I really would wish the same for everyone else stuck in the WRAG group! I rather think that one look at my legal arguments and they just took the line of least resistance since there are so many others to get through and I am getting a bit long in the tooth.

Exceptional Circs Reg 29 2(b) is pretty much as Sofie has put it.... the exact wording is below and this relates to WORK, (i.e. it would qualify you only for the WRAG), but sometimes it's seen that Reg 35 is about Work Related Activity, so ideally you have to try and demonstrate separately that you are also not fit enough for Work Related Activity as well, and then hopefully they would put you into the Support Group. I managed to enclose 2 items on which the Drs had put this distinction which I then highlighted in my attached letter. I was very lucky to suggest to my GP to put it on her letter that she did for me......

I saw this explained on Benefits and Work site and also there was a bit on the Rightsnet forum at some point.

I will put the 2 Regs in full below.....
29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.
2) This paragraph applies if—
(a)the claimant is suffering from a life threatening disease in relation to which—.
(i)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and.
(ii)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure; or.
(b)the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work..

This is Reg 35
35.—(1) A claimant is to be treated as having limited capability for work-related activity if—
(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—(a)the claimant suffers from some specific disease or bodily or mental disablement; and(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.


Mabelcat

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Hi AP,

I'm going to save this thread because if I do have to stop work because of my mental and physical health issues I think this regulation might well help me as well.

Kate

KizzyKazaer

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Reconsideration has put me in Support Group!!!!
« Reply #12 on: March 13, 2012, 08:35:07 AM »
With permission of Agapanthus, have changed title and moved to Welfare Rights section for ease of future reference  :-)
« Last Edit: March 13, 2012, 08:37:26 AM by KizzyKazaer »

hossylass

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Re: Reconsideration has put me in Support Group!!!!
« Reply #13 on: March 13, 2012, 08:40:29 AM »
Hurrah Aggie, this is one less worry for you >hugs<

agapanthus

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Re: Reconsideration has put me in Support Group!!!!
« Reply #14 on: March 13, 2012, 08:56:08 AM »
Thank you Hoss!  :-)  I do some (untrained) benefits advice stuff on another forum for people with ME/CFS so I do quite a bit of reading up on anything useful. I am keeping up with my 'street cred' by making sure I 'walk the talk' and succeed in my own claim!!  >lol<It's hard to keep up with it all though, and I will be floundering once we get onto Universal Credit. By then thank God I will be almost ready for my pension ........