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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Work related activities and appealing for the support group

LauraE
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Welfare Benefits Team, Bassetlaw Citizens Advice Bureau

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Joined: 22 July 2014

Working age man with OCD and depression. Was in mental health unit for six weeks during 2016 for breakdown and eventually started seeing a hospital psychiatrist in early 2018 after being on a long waiting list for treatment. Claimed CB ESA in Jan 2017. Awarded WRAG in December 2017. Was doing permitted work from start of claim of 12 hours per week in a job much less demanding than previously held down (was FT employed in 2016 but made redundant) but has since had to lower hours and then quit altogether as cannot take pressure of OCD and working.

When appealing for Support Group access, the DWP sent out a copy of the types of work related activities the claimant could be expected to do. This is things like keeping a log of when get up and get dressed to chart progress. This is a change from things like the courses and attendance-type stuff was previously expected to do.

Claimant stands highest chance of entering SG based on exceptional circs. The pressure of having to complete the tasks could trigger further decline in health.

Does anyone have any thoughts about the much lower level stuff the DWP is now expecting WRAG claimants to do- it feels like they want a catch-all approach so that most people will be put in WRAG.

Thanks for your help.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Discussed previously here:

https://www.rightsnet.org.uk/forums/viewthread/12158/

Also don’t forget that the risks from being sanctioned can count toward the reg 35 risk

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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There’s also the simple fact that compelling someone with a diagnosis of OCD to record what time they get up, what time they get dressed etc as obviously and clearly having the potential to exacerbate the medical condition in a very unhelpful way, that could obviously cause his health to deteriorate. It’s frightening to think that a work coach doesn’t have any basic awareness of how debilitating a condition it can be, nor what things can undermine recovery or stability.

Welfare Rights Adviser
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Social inclusion unit - Swansea Council

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I would check whether dwp have only included the less demanding list from the dmg memo:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/680482/m-01-18.pdf
the appeal submissions I have recently completely ignore the more demanding and don’t seem to like it in their supplementary submissions when I submit the dwp’s own full list!

ikbikb
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LSD WB supervisor - Bury District CAB, Lancashire

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Don’t forget IM v SSWP [2014] UKUT 412 (AAC)

Submissions often include WRA

By companies that have not existed for 4 years
More demanding WRA can be Football Coaching at Everton, Boxing in Oldham, Meetings in Carlisle or Blackpool, and Door Security. This will be good for many particularly if you are employed by Everton as a Steward at an away match in Carlisle and like the seaside, but maybe not for all claimants
The least demanding including as you say making lists
Health Care related activity that is precluded from being WRA under SA Regulations 2011 (WRA) Reg 3 (4) (b) (ii)
Then an admission by the department that they have no idea what WRA is in the appellants area since 2011 but please be assured it has not changed.

Tribunals can fill this information void by using it’s own expertise