what group ESA

[miss blue eyes]

hello can any one tell me what group i should be based on my dicison letter ?

on the dicision notice it says ....

the appeal is allowed the decision of the secretary of state issued on 15-02-12 is set aside

miss ..... has limited capability for work and work related activity

the descriptors satisfied in schedule 2 of the esa regulation are (15 points or more )

coping with change ©-6points. getting about © -6 points and social engagement ©-6 pts

none od the descriptors in schedulee 3 of the esa regulations is satisfied but regulation 35 applies

[Slatted]

I think that means you are in the Support Group because you are both found to have limited capacity for work AND work related activity (in other words WRAG is not an option either).

 

Don't you wish they would just put it in English....

[miss blue eyes]

thats what i thought but ...... lol i got a letter of the jobcenter telling me im in the WRAG they they have only backdated to November when i started esa in april 19th now is it me or is that one hell of a 14 week starting stage ?

[Nystagmite]

I think that means you are in the Support Group because you are both found to have limited capacity for work AND work related activity (in other words WRAG is not an option either).

 

Don't you wish they would just put it in English....

 

That's what I thought. I found stuff on Google; but the government legislation is never as simple as "this means that", it's far too complicated.

[Slatted]

thats what i thought but ...... lol i got a letter of the jobcenter telling me im in the WRAG they they have only backdated to November when i started esa in april 19th now is it me or is that one hell of a 14 week starting stage ?

 

I am sure you are or have queried it all? The Assessment period (if that is what you mean by "starting stage?) should be 13 weeks...maybe as I conclude that you only got the decision from appeal, they are ignoring when you first applied? And also not able to understand their own letters?

 

No matter how I read it the two statements in the letter of decision imply that you have limited capacity for BOTH work and WRAG.....

 

Good luck!

[miss blue eyes]

yep will be ringing them in the morning and try and sort it out i won at tribunal 2 weeks ago had my first atos in Feb 2012 but started claiming in April 2010 they have done the back dating from November 2010 so not sure why they have done that im sure that the WRAG is a mistake on there part just hoping it all dont take to long to sort out they need to srt the backdated money out and sort what group im in out ... cheers for the luck think i will need it i hate ringing the jobcenter :/

Edited June 24, 2012 by miss blue eyes

[antone]

Yes, the tribunal has placed you in the Support Group. Although none of the usual SG descriptors (in schedule 3) apply to you, they are saying that regulation 35 does apply. This states:

 

Certain claimants to be treated as having limited capability for work-related activity

 

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

©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.

 

(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.

[miss blue eyes]

hello all well finally the job centre rang me back they are saying that the claim was restarted in august due to a letter being late thats why they havent been backpayed my money to when they where ment to they are looking in to it ... plus they are saying that even tho the dicision letter reads... the appeal is allowed the decision of the secretary of state issued on 15-02-12 is set aside

miss ..... has limited capability for work and work related activity

the descriptors satisfied in schedule 2 of the esa regulation are (15 points or more )

coping with change ©-6points. getting about © -6 points and social engagement ©-6 pts

none od the descriptors in schedulee 3 of the esa regulations is satisfied but regulation 35 applies

they can still put me in the WRAG when i was at the tribunal they said i wouldnt have to go to any work related interviews for the next year i am waiting on someone from the decision office to ring me back .... can any one advise me please

[miss blue eyes]

lol just got the call back to be told they havent even seen my decision letter yet so couldnt be sure what group i am in ..... so they quessed iv got to fax my decision letter to them to speed things up as they cant do any thing with out seeing the decision letter first .......

[Nystagmite]

What a pain. it would be so much easier if they just wrote "you're in the support group (or WRAG)".