DD awarded ESA in the work capability group

[2old2beamum]

DD27 Down Syndrome, congenital heart defect, pacemaker poorly controlled asthma. As she has been put in this group and not the support group she will have to do monthly interviews to get her to do CV's etc (she can barely fucking write for Christs sake) Due to her heart she gets breathless and her asthma doesn't help, gets dizzy spells. Can't do her inhalers without help. Any one else been through this. I shall appeal but has anyone got any tips please?
X 1000000000

Sorry don't have any tips but wanted to post on your and DD's behalf 10000000x too. It is completely ridiculous that she and you should be put through this. I believe that the success rate for appeals is quite high it that is any comfort. If the agency were penalised for every successful appeal as well as rewarded for everyone who returns to work, their allocations might be more carefully considered. Wishing you all the best with the appeal. CAB might be able to help?

sorry, got not any useful info, but wanted to wish you luck with the appeal, it's dreadful you and her are being put through this.

Really sorry to hear they are putting you through this. Statistically there are a lot of claimants winning ESA appeals now, almost everyone is being rejected or put in the wrong group initially. There is a huge backlog of appeals now so it may take time to get a hearing date.

There is a useful website called Benefits and Work which gives really helpful advice about appealing, though there's a small fee to access some of the files (I would say it's worth it though). You can also get support from your CAB, and I expect the DS Association might have some advocacy services? Definitely use all the sources of support available, it's worthwhile getting a rep or someone to help with the paperwork as they will know how to prepare your evidence.

If you are goingto appeal it is really helpful to get a letter from your Gp or any consultant involved with your daughter to back up that they think she should be in the support group not the WRAG. Check the regulations there are very specific rules that put people in the support group and use these when appealing. Unfortunately, appeals are taking months to be heard. Whatever you do make sure your daughter goes to these meetings or her beneits will be cut/reduced.

I'd second the back up info from her GP, SW or anyone official who knows her. If you have already submitted reports from someone then try to get a new person to provide information for the appeal.

I work for the DWP (not ESA or DLA!!) and our usual recommendation is that ideally appeals have something that hasn't already been provided- obviously the info will be the same but just getting someone else to say it might help. It is amazing the number of them that just say "I want to appeal".

Have just rung her cardiologist for a detailed report (don't you think she has enough to do!!) And will contact SW this afternoon.
GP wrote a letter for her original assessment stating that working in any form would cause her many problems!!
Thanks for all your support

Appeals almost always win. Tribunals are pretty fair usually and pay attention to the evidence. The DWP just ignore GPs and NHS specialists initially, their decision makers mainly listen to the ATOS doctors (who seem to make very peculiar decisions)

You are meant to be able to submit your evidence in different formats if necessitated by special needs: I assume your dd's difficulties mean she can't fill in the form herself which gives you the perfect excuse to add in her video evidence.

criteria

What about taking a breathless dd to jobcentre and asking disability employment adviser for 1-1 supervision to attend their work-related activities, with someone to look after her heart and inhalers.

When he says no, ask for note to say WRA unsuitable cos no carer.

Good idea mariammarium I am very tempted She would also need someone capable of dealing with inhalers as she needs help. Have decided to wait for ATOS report 2-3 days time before going ballistic. DD gets distressed if any trouble and must get my facts right before I can argue. What a wuss I am!!

Have received DD's medical report ( from DWP) no complaints there,It states 3X that "I advise that a return to work is unlikely in the long term"
I give up what more do she need.
to all. The fight continues

I have also been taken out of the support group and put in the work related group ? I have severe vertigo my husband has taken early retirement so he can care for my needs ,i cant walk outside alone,bath/shower with support,cook ,clean etc dizzy spells come on without warning and can last from hours - days
but according to esa im able to work ???
i have appealed awaiting letter back

The Decision Makers' Guide for ESA says:

"42017 A claimant is treated as having LCW if the claimant

1. satisfies certain conditions1 (see DMG 42018) or
2. is a hospital in-patient2 (see DMG 42040) or
3. is receiving certain regular treatments3 (see DMG 42049) or
4. has LCW for part of a day4 (see DMG 42059) or
5. is a qualifying young person receiving education in certain circumstances5 (see DMG 42074) or
6. has exceptional circumstances6 (see DMG 42185).

Certain conditions
42018 Claimants are treated as having LCW and do not have to undergo the LCWA if any of the circumstances in DMG 42019 apply to them (1) unless they are treated as not having LCW because they are working (2) (see DMG 42298 et seq). 1 ESA Regs, reg 20; 2 regs 40 & 44

42019 For the purposes of DMG 42018 the circumstances are that a claimant1
1.is terminally ill (see DMG 42020 et seq)
2.is receiving treatment, or is likely to receive treatment within six months after the date of the LCW determination, or is recovering from treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy, and in the case of recovery the DM is satisfied the claimant should be treated as having LCW
3.is known or reasonably suspected to be a carrier, or to have been in contact with a case, of a relevant infection or contamination and
3.1 is excluded or abstains from work in accordance with a request or notice in writing in accordance with legislation or
3.2 is otherwise prevented from working in accordance with legislation (see DMG 42029)
4.is a pregnant woman (see DMG 42030 et seq)
4.1 where 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 or
4.2 who is in the MAP and is entitled to MA or
4.3 whose EWC or ADC has been certified2 on any day in the period
Vol 8 Amendment 12 October 2012
4.3.a beginning with the first day of the 6th week before the EWC or the ADC, whichever is earlier and
4.3.b ending on the 14th day after the ADC
if she would have no entitlement to a MA or SMP were she to make a claim in respect of that period

1. satisfies any of the descriptors in the LCWRA activities about

5.1 conveying food or drink to the mouth or 5.2 chewing or swallowing food or drink3." www.dwp.gov.uk/docs/dmgch42.pdf

So the vast majority of people will have to be assessed.

How many points did she score on the assessment?

This is the sort of area where your DD could fall down:

"42192 The judgment states that the DM must consider whether a substantial risk arises in the light of the work which the person might be expected to perform in the workplace he might find himself in. In making this assessment, the DM need only identify a broad range of duties that the person could be capable of, taking into account any training given, the person?s aptitude and their disease or disablement.

Example 1
Peter is 27 years old and suffers from alcohol dependency syndrome. He has never worked and says that his condition prevents him from undertaking any kind of work. The DM identifies that Peter could undertake straightforward and unstructured, unskilled work without substantial risk to himself or any person. The DM need not identify a particular type of work that Peter could be capable of.

Example 2
Phillip is 22 years old and has recently been diagnosed as suffering from epilepsy. Since the age of 18 he has worked as a roofer and scaffolding erector. Phillip says that if he were to return to this work, his health would be at substantial risk as he was often expected to work at great height. The DM determines that Phillip could now undertake closely supervised, indoor or outdoor work, at ground level without risk to himself or any person. The DM need not identify a particular type of work that Phillip could be capable of."

So, the assessor could say '2old2bemum's DD could do any work where she has a high level of support, doesn't have to read or write, doesn't have to move much so that her asthma isn't triggered, involves regular rests so that she doesn't get dizzy." It doesn't matter if this sort of work doesn't exist! It would be enough for them to put her in the work group

Sorry folks I did post somewhere a month ago'ish that DD won her appeal and is now in the Support Group. AH well only 3 more to go.
prestbury keep fighting. BTW I was told to appeal in person was the best way forward but fortunately this was not necessary. Good Luck

I thought you had, 2old I just assumed that she had been reassessed, sorry!