Author Topic: ESA Support Group Criteria  (Read 36556 times)

Monic1511

  • Moderator
  • Hero Member
  • *****
  • Posts: 1944
ESA Support Group Criteria
« on: February 15, 2012, 07:35:24 PM »
If you are placed in the Work Related Activity Group and feel that you can not do any work at all no matter how limited you can appeal that decision.   I have since found out that if you appeal the decision the DWP can look at your whole award again - so a bit like a DLA supersession - you need to be really sure you meet the criteria and have medical back up before appealling the decision.   Once I find relevant legislation I'll reference it but its was my boss who came to say make sure we tell people that the DWP can "look at the whole award again"  I suppose that means in really bad circumstances they could find you fit for work  :-( (amended 28/2/12)

This test is used to determine whether you are placed in the support group or the work-related activity group.

In order to be eligible for the support group you need to meet at least one of the criteria set out below.
Walking or moving on level ground.
Cannot-
walk (with a walking stick or other aid if such aid is normally used); or
move (with the aid of crutches if crutches are normally used); or
manually propel the claimant’s wheelchair;
more than 50 metres without repeatedly stopping, experiencing breathlessness or severe discomfort.
________________________________________
Rising from sitting and transferring from one seated position to another.
Cannot complete both of the following-
rise to standing from sitting in an upright chair without receiving physical assistance from someone else;
and
move between one seated position and another seated position located next to one another without receiving physical assistance from someone else.
________________________________________
Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling)
Cannot pick up and move 0.5 litre carton full of liquid with either hand.
________________________________________
Reaching.
Cannot raise either arm as if to put something in the top pocket of a coat or jacket.
________________________________________
Manual dexterity.
Cannot-
turn a “star-headed” sink tap with either hand; or
pick up a £1 coin or equivalent with either hand.
________________________________________
Continence other than enuresis (bed wetting) where the claimant does not have an artificial stoma or urinary collecting device.
Has no voluntary control over the evacuation of the bowel;
Has no voluntary control over the voiding of the bladder;
At least once a week, loses control of bowels so that the claimant cannot control the full evacuation of the bowel;
At least once a week, loses control of bladder so that the claimant cannot control the full voiding of the bladder;
At least once a week, fails to control full evacuation of the bowel, owing to a severe disorder of mood or behaviour; or
At least once a week, fails to control full-voiding of the bladder, owing to a severe disorder of mood or behaviour.
________________________________________
Continence where the claimant uses a urinary collecting device, worn for the majority of the time including an indwelling urethral or suprapubic catheter.
Is unable to affix, remove or empty the catheter bag or other collecting device without receiving physical assistance from another person;
Is unable to affix, remove or empty the catheter bag or other collecting device without causing leakage of contents;
Has no voluntary control over the evacuation of the bowel;
At least once a week loses control of bowels so that the claimant cannot control the full evacuation of the bowel; or
At least once a week, fails to control full evacuation of the bowel, owing to a severe disorder of mood or behaviour.
________________________________________
Continence other than enuresis (bed wetting) where the claimant has an artificial stoma appliance.
Is unable to affix, remove or empty stoma appliance without receiving physical assistance from another person;
Is unable to affix, remove or empty stoma without causing leakage of contents;
Where the claimant’s artificial stoma relates solely to the evacuation of the bowel, has no voluntary control over voiding of bladder;
Where the claimant’s artificial stoma relates solely to the evacuation of the bowel, at least once a week, loses control of the bladder so that the claimant cannot control the full voiding of the bladder; or
Where the claimant’s artificial stoma relates solely to the evacuation of the bowel, at least once a week, fails to control the full voiding of the bladder, owing to a severe disorder of mood or behaviour.
________________________________________
Maintaining personal hygiene.
Cannot clean own torso (excluding own back) without receiving physical assistance from someone else;
Cannot clean own torso (excluding back) without repeatedly stopping, experiencing breathlessness or severe discomfort;
Cannot clean own torso (excluding back) without receiving regular prompting given by someone else in the claimant’s presence; or
Owing to a severe disorder of mood or behaviour, fails to clean own torso (excluding own back) without receiving—
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.
________________________________________
Eating and drinking.
Conveying food or drink to the mouth.
Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving—
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.
Chewing or swallowing food or drink.
Cannot chew or swallow food or drink;
Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by someone else in the claimant’s presence.
________________________________________
Learning or comprehension in the completion of tasks.
Cannot learn or understand how to successfully complete a simple task, such as the preparation of a hot drink, at all;
Needs to witness a demonstration, given more than once on the same occasion of how to carry out a simple task before the claimant is able to learn or understand how to complete the task successfully, but would be unable to successfully complete the task the following day without receiving a further demonstration of how to complete it; or
Fails to do any of the matters referred to in this section owing to a severe disorder of mood or behaviour.
________________________________________
Personal action.
Cannot initiate or sustain any personal action (which means planning, organisation, problem solving, prioritising or switching tasks);
Cannot initiate or sustain personal action without requiring daily verbal prompting given by someone else in the claimant’s presence; or
Fails to initiate or sustain basic personal action without requiring daily verbal prompting given by some else in the claimant’s presence, owing to a severe disorder of mood or behaviour.
________________________________________
Communication.
None of the following forms of communication can be achieved by the claimant—
(i) speaking (to a standard that may be understood by strangers);
(ii) writing (to a standard that may be understood by strangers);
(iii) typing (to a standard that may be understood by strangers);
(iv) sign language to a standard equivalent to Level 3 British Sign Language;
None of the forms of communication referred to above are achieved by the claimant, owing to a severe disorder of mood or behaviour;
Misinterprets verbal or non-verbal communication to the extent of causing distress to himself or herself on a daily basis; or
Effectively cannot make himself or herself understood to others because of the claimant’s disassociation from reality owing to a severe disorder of mood or behaviour.



So if you think you meet any of the above and are in the WRAG group you could write an appeal letter stating
I would ask you to reconsider your decision to place me in the WRAG as I believe that I meet the support group criteria on the grounds that I (list the criteria you think is relevant to you)

best wishes
Monic


(edited to correct a figure)
« Last Edit: September 28, 2012, 04:13:12 PM by KizzyKazaer »

RoseRodent

  • Charter Member
  • Diamond member
  • ****
  • Posts: 377
Re: ESA Support Group Criteria
« Reply #1 on: February 16, 2012, 08:28:03 PM »
Now does the ability to clean your own torso include an active element? I mean, I get in the bath and stay there for many hours until I estimate I must be clean at the end of it, but I cannot take any part in actually applying soap, rinsing off, etc. I just get in the water with the help of a lift. My washing is an act of general getting-wet-ness.

Monic1511

  • Moderator
  • Hero Member
  • *****
  • Posts: 1944
Re: ESA Support Group Criteria
« Reply #2 on: February 16, 2012, 08:56:38 PM »
RoseRodent
based on what you said although you can get in the bath, you require an aid to get there and as your not able to wash your own torso you could say you meet this one
Maintaining personal hygiene.
Cannot clean own torso (excluding own back) without receiving physical assistance from someone else;

Sunny Clouds

  • Charter Member
  • Hero Member
  • *****
  • Posts: 3812
Re: ESA Support Group Criteria
« Reply #3 on: February 19, 2012, 12:29:10 AM »
There's also the regulation 35(2)(a)(b) exception.

Sofie

  • Charter Member and Volunteer
  • Hero Member
  • *****
  • Posts: 2141
Re: ESA Support Group Criteria
« Reply #4 on: February 19, 2012, 03:22:23 PM »
35 (a)(b)(c) exemptions are:
35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

(a)the claimant is terminally ill;

(b)the claimant is—
(i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or
(ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or
(c)in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.

KizzyKazaer

  • Global Moderator and Welfare Rights
  • Super Hero Member
  • *****
  • Posts: 7824
Re: ESA Support Group Criteria
« Reply #5 on: February 19, 2012, 07:18:22 PM »
And don't forget these exceptional circumstances, notably the second one:

Even if the decision maker decides that you do not pass the limited capability for work test they can still treat you as having passed it if the health care professional has obtained evidence that one of the following exceptional circumstances apply:

    You are suffering from a severe life threatening disease in relation to which there is medical evidence that the disease is
    uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and 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.
 
    You suffer from some specific disease or bodily or mental disablement and consequently there would be a substantial risk
    to the mental or physical health of any person (note - this includes yourself) if you were found not to have limited capability for
    work
.   This risk should be linked to work you could realistically do according to your education or skills.   


Source: http://www.disabilityalliance.org/f31.htm
« Last Edit: February 19, 2012, 07:27:09 PM by KizzyKazaer »

Ricardomeister

  • Charter Member
  • Hero Member
  • *****
  • Posts: 508
Re: ESA Support Group Criteria
« Reply #6 on: September 28, 2012, 01:21:53 PM »
Re mobilising and the Support Group, I have checked various websites and the WCA handbook and they all say that the distance is 50 metres, so I assume that is the correct figure.

Monic1511

  • Moderator
  • Hero Member
  • *****
  • Posts: 1944
Re: ESA Support Group Criteria
« Reply #7 on: September 28, 2012, 01:25:54 PM »
Ricardo you are right, I tried tol amend the original descriptor but the post is too old- just checked my book as well 
>doh<
Thanks for spotting that

KizzyKazaer

  • Global Moderator and Welfare Rights
  • Super Hero Member
  • *****
  • Posts: 7824
Re: ESA Support Group Criteria
« Reply #8 on: September 28, 2012, 04:13:39 PM »
I've edited it for you, Monic  >biggrin<

Monic1511

  • Moderator
  • Hero Member
  • *****
  • Posts: 1944
Re: ESA Support Group Criteria
« Reply #9 on: September 28, 2012, 07:10:58 PM »
Thanks Kizzy  >tah< >thumbsup<

ATurtle

  • Hero Member
  • *****
  • Posts: 1429
    • The Awesome Turtle Blog
Re: ESA Support Group Criteria
« Reply #10 on: January 06, 2013, 02:28:35 PM »
So if I CANNOT walk 50m without pain, but can do all the other handstands and stuff, I am eligible for SG?

The thing is, if I had a wheelchair, perish the thought, I couldn't propel it because of the pain in my shoulders, so could I claim that instead?

So this thing where they say I can walk 130 metres is getting weirder!
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

SunshineMeadows

  • Administrator
  • Super Hero Member
  • *****
  • Posts: 7144
Re: ESA Support Group Criteria
« Reply #11 on: January 06, 2013, 04:19:38 PM »
ATurtle,

The criteria is concerned with whether or not the pain stops you walking or if it can be tolerated/managed by pain medication.

If a person can't walk or mobilse eg wheelchair 50 metres in what the DWP think is a reasonable time and in a reasonable way then they can get into the Support group using this criteria.

Quote
So this thing where they say I can walk 130 metres is getting weirder!

Who said that and where? That is a considerable distance.
« Last Edit: February 13, 2013, 03:18:08 PM by SunshineMeadows »

ATurtle

  • Hero Member
  • *****
  • Posts: 1429
    • The Awesome Turtle Blog
Re: ESA Support Group Criteria
« Reply #12 on: January 06, 2013, 05:05:19 PM »
Dunno where they get it, but it's got it on my DLA80 apparently.  I've dealt with cadets, teaching them map reading for most of the last 22 years, so, why I'd use a wierd figure like that I don't know. 

I have a vague suspiscion that I may have said I can walk 100 metres in about 2 minutes but was in extreme pain and had to stop every 30 metres.
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Monic1511

  • Moderator
  • Hero Member
  • *****
  • Posts: 1944
Re: ESA Support Group Criteria
« Reply #13 on: January 06, 2013, 07:14:12 PM »
Aturtle
"I may have said I can walk 100 metres in about 2 minutes"  You can walk the length of a football pitch or 9 Double decker buses in 2 minutes >footinmouth<   I have no mobility problems at all and would struggle to do that without becoming really breathless.

When you say "if I had a wheelchair, I couldn't propel it because of the pain in my shoulders, so could I claim that instead?"    You won't be considered for the support group if you can move your body 50 meters in a reasonable time, so if they are saying you can walk 130 meters there is no way to get into the support group on that basis even if you said "but I can't self propel in a wheelchair"  - they would tell you to keep using your legs!!

The whole thing is "walk with a walking stick or other aid if such aid is normally used; or move with the aid of crutches if crutches are normally used; or manually propel the claimant’s wheelchair;
more than 50 metres without repeatedly stopping, experiencing breathlessness or severe discomfort.

So if you can move 50m on crutches without the stopping etc you wouldn't get into the support group.


If you are completing a form again I would rephrase this "I can walk 100 metres in about 2 minutes but was in extreme pain and had to stop every 30 metres"  to something like " I can only walk 30 - 40 meters before I have to stop due to the extreme pain I am suffering.
The decision maker would only see "I can walk 100 m" and skip to the next section.
Monic

ATurtle

  • Hero Member
  • *****
  • Posts: 1429
    • The Awesome Turtle Blog
Re: ESA Support Group Criteria
« Reply #14 on: January 07, 2013, 01:51:08 AM »
There are so many pitfalls in this system that try to trip up the person who is already befudled by painkillers and I am stuck now worried that I can't get out of this hole that I may have dug myself into.

When I was first declared unable to work it was my Orthopaedic Surgeon and GP that filled in all the questions as they were asked to describe my symptoms to the DHSS. I went for a confirmation check with, surprisingly for me, the same HCP as did my recent assessment.  He confirmed what my medical team said and I was awarded High Mobility and Low Care DLA. 

Now the system has changed and he is now forced to lie by AtoS and the Government and they take no regard for the medical team that have been dealing with me.

For some reason, the HCP said to me he thought I would get it (wish I'd known about audio recording) then he reported someone elses symptoms. >doh<
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel