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ESA Appeal & WFI's etc

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9 years 9 months ago #123364 by Catriona
Replied by Catriona on topic ESA Appeal & WFI's etc

Mrs Hurtyback wrote: In that case my comments about not having to undertake WFIs is mistaken :(


No problem, it's all so complicated - hard to explain from both sides of the coin. It's a dreadful situation to be left with no choice but to go on JSA even if you're appealing. I don't know if there was a small window where he could have had some leeway there but he had gone on what the person at the job centre said saying he'd lost his reconsideration (& in no uncertain terms).

Turns out the ESA appeal lot hadn't even got his request - which was submitted immediately - (allegedly) at that stage. It wasn't until I pointed out (some weeks later) that he would have got a letter if that was the case that he realised that something wasn't right & contacted them. So the reconsideration that should have been logged as being done from March now has a June date & - of course - after talking to them they asked for him to forward medical evidence.

As usual it's the claimants lost down a gap tied up in red tape that lose out (as I suspect they want us to).

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9 years 9 months ago #123365 by Gordon
Replied by Gordon on topic ESA Appeal & WFI's etc
Cat

I is really important that your friend tries to explain their problems in the context of the ESA Descriptors, as this is how they will re-qualify for the benefit and/or win their appeal. Disabled and ill people usually find it very easy to talk about the problems they have daily, but often there comments make no reference to the Descriptors and are therefore treated as not being relevant.

It is also important to understand exactly what the Descriptors cover, picking a comment from your post, the Standing and Sitting test looks at a claimants ability to remain at a workstation, standing, sitting, or a combination of the two, so the fact that your friend struggles to sit through the JC+ interviews, in itself, does not meet the criteria.

They need to go through our ESA Claim guides to see how to refer to the Descriptors when describing their problems.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 9 months ago #123371 by Catriona
Replied by Catriona on topic ESA Appeal & WFI's etc
Yes, I';d pointed that out before & we'd gone through the guide when he'd filled the form in. He tried to do that when he had the interview but the woman rushed & didn't listen to his answers. They'd seemingly tried to reschedule people that had appointments that day then suddenly they were asked in after all & he suspects that she was there 'under duress'/didn't normally do that job. He says he tried to make his objections felt but was on a hiding to nowhere.

It's just the 'you got nil points so you're fit for work & I don't care" (& the implication that he's lying) attitude that he's finding hard to deal with from the JC+ lot. Think it was a nasty shock after the advisor he'd been dealing with while he was in the ESA group (forgotten acronymn at moment lol).

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