Now ESA Muck Around.

Hi my partner, suffers with Major depressive disorder, severe anxiety, from a background of Physical, Mental, Sexual Abuse & Rape throughout her childhood from 10-16 years old from stepdad & mum. NO JUSTICE either!
She suffers with bladder & bowel problems.
She is very suicidal & over the years & recently, has attempted to take her life, she is not in a stable mind to carry out any simple task, without a hazard being caused, especially because she suffers with Flashbacks, unexpected blackouts, hallucinations & hearing voices in her head, she is on a lot of different medications for each of her health problems.
She was put in the support group for 2 years, after a face to face medical, which she ended up having a emotional breakdown in the room, then tried to attempt to take her life that same night at home, she is due a review later this year & I know how difficult the DWP are making it for disabled people!
I do not want my partner under anymore stress, she cannot take it.
What exact regulations could I put down in the form, because I feel she should remain in the support group & would be a serious risk if forced to work or even put in the work related activity group.
She is very vulnerable person & needs my constant daily & nightly care.
Would appreciate any advice & help on the regulations that will help her remain in the support group.

louise wrote: Hi my partner, suffers with Major depressive disorder, severe anxiety, from a background of Physical, Mental, Sexual Abuse & Rape throughout her childhood from 10-16 years old from stepdad & mum. NO JUSTICE either!
She suffers with bladder & bowel problems.
She is very suicidal & over the years & recently, has attempted to take her life, she is not in a stable mind to carry out any simple task, without a hazard being caused, especially because she suffers with Flashbacks, unexpected blackouts, hallucinations & hearing voices in her head, she is on a lot of different medications for each of her health problems.
She was put in the support group for 2 years, after a face to face medical, which she ended up having a emotional breakdown in the room, then tried to attempt to take her life that same night at home, she is due a review later this year & I know how difficult the DWP are making it for disabled people!
I do not want my partner under anymore stress, she cannot take it.
What exact regulations could I put down in the form, because I feel she should remain in the support group & would be a serious risk if forced to work or even put in the work related activity group.
She is very vulnerable person & needs my constant daily & nightly care.
Would appreciate any advice & help on the regulations that will help her remain in the support group.

Hi l,

Welcome to Benefits and Work

I am really sorry to hear of your partner's current and historical problems !!

It is not a definite that your partner will be reassessed later this year.

Since January 2014, ESA reassessment have been getting deferred due to the huge backlog.

See : Here and Here.

If you ring The ESA Call Centre they should be able to confirm the reassessment start date :

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

Your partner may need to be present to give permission for you to talk on their behalf.

Have you thought of becoming their Appointee due to their fragile mental health condition:

Becoming an Appointee for someone claiming benefits.

Once you have an idea of when their reassessment is to take place, you could start preparing by : Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the applicable : ESA Claims Guides 3rd & 4th links down the page

To qualify for The SG, they must either fulfil at least one of : The Functional SG (LCWRA)Schedule 3 Descriptors.

Or, if they cannot fulfil at least one, any one of those, via : ESA Reg 35 for entry to The SG. (LCWRA)

See : Qualifying for the Support Group

From what you have stated, besides citing any of The Functional Descriptors that they may fulfil, you could also cite ESA Reg 35. (2) (a) & (b)

If you feel that there would be a "Substantial Risk" to their health or that of another if they were placed into The WRAG rather than The SG, and would therefore be compelled to take part in Work Related Activity. (WRA)

"35. (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."

It would not be enough to simply mention this, you would have to show how and why their would be "Substantial Risk" to health if they were forced to comply with the different types of WRA.

Have a look at This Topic with respect to ESA Reg 35.

I know that there is a lot to take in here, so you might want to Bookmark/Favourite this page in your browser for ease of future reference.

You can pose any further queries that you may have by replying to this topic.

We will do our best to help !!

bro58

Hello Louise,

I can empathise with your predicament since my wife suffered years of emotional neglect as a child & both sexual & psychological abuse in her first marriage & which has left her with depression & anxiety coupled with the results of a head injury.

bro58's post contains a lot of information but the bit I'd reiterate is to apply to the DWP for appointee status.

We did & we were interviewed at home by an officer from the DWP who was very helpful, completed the application form for us & granted me appointee staus on the spot.

As an appointee all letters etc from the DWP, ATOS, Capita etc. will be addressed to you & not to your partner which will immediately remove the stress of her having to deal with them.

Also, from what the ATOS appointment letter said, as an appointee you have to be present whenever your partner has an interview or a medical assessment, plus it's on the DWP records that your partner needs someone to act on her behalf which, to me, indicates that they accept she has problems.

During my wife's ATOS assessment I was able to speak officially on her behalf as opposes to just chucking in my 2 pennyworth unofficially.

I don't know how much my appointee status helped but my wife's PIP claim went through without a hitch & very successfully.

My best wishes to you & your partner.

Hi, Thank You very much to both of you, for all the helpful information, it is very much appreciated, it is shame that disabled people are being treated so badly.
CaravanJ I'm very sorry to read that your partner has also suffered very badly with similar things as my partner, my thoughts go out to your partner & yourself as well.
Take care Bro58 & CaravanJ.

louise wrote: Hi, Thank You very much to both of you, for all the helpful information, it is very much appreciated, it is shame that disabled people are being treated so badly.
CaravanJ I'm very sorry to read that your partner has also suffered very badly with similar things as my partner, my thoughts go out to your partner & yourself as well.
Take care Bro58 & CaravanJ.

Hi l.

You are most welcome !!

Please get back to us if you have any further queries.

bro58

Hi Bro58, I contacted the DWP on behalf of my partner & have been told that she is definitely due a review in January 2016, I know it's a while away, but to me it feels like it will be here very soon, so I want to be fully prepared & want to do everything possibly to avoid my partner being under so much stress, the accessor saw how hard it was for my partner to be in the face to face medical, I requested all her Incapacity benefit & ESA files recently that go back to the year 2000, they arrived this afternoon, I've had a quick browse through & can see that all her past face to face medicals, she had problems noted, & they could see my partner was struggling in each medical she had with female accessors only.
I recently found out that they made changes to the regulations? where a woman feeling suicidal or attempting it, now also has to show an additional factor? is this correct?
As I looked at the factors & all it seems to state mainly is Homeless, single, divorced, widowed, which would not apply to my partner, the only case I could argue is that I've been with my partner for nearly 16 years, 24 hours a day, she has never had a social life at all, as she can't handle it, she has never left the house in nearly 16 years without me by her side.
Surely if she was out of the support group, I would be forced to work, she would be left vulnerable & now with out a carer, would be in serious danger of taking her life or causing a serious accident, as no longer will be there to put a stop to everything, she would also be in shock from being with me for nearly 16 years, day & night, now having to deal with me working 8-9-10 hours a day, it would now feel in her mind as if she is a single person alone for most of the day, as she does not have anyone else at all, all her family are nothing buy nasty to her.
Please can you give me your opinions?
Thank You in advance.

This is the regulation, I was going to state on a extra sheet of paper, attached to the ESA form.
"35. (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."