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Help needed please

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9 years 8 months ago - 9 years 8 months ago #123390 by sally-jane
Help needed please was created by sally-jane
I am struggling to assist a friend who is in a terrible muddle with their ESA etc.
Unfortunately I believe X has been given incorrect advice over a number of years.
CAB have not been helpful nor has the GP/Mental Health team.
The person suffers from severe Mental Health issues and chronic physical health problems.
All of which was kept under control when on IB, but the person now falls foul of the scriptures of ESA.
Xe was placed in the WRAG, appealed,placed in JSA, now I believe X is back in WRAG.
It is difficult to obtain true facts especially from DWP etc as there seems to be insufficient paper work from DWP.!!!!!

X sees a a person not from jobcentre but from a work provider assistance unit who is pushing X to look for work and insisted X asked for employment in a charity shop and is hounding X to obtain work.
I was under the impression that looking for work or being pushed into work was not consistent for those in WRAG, moreover X's health/mental health issues are not being taken into account of in their relentless pressure on X.

I provided X with a letter to send asking for a SAR/Prognosis following the last ESA.

I hope it gets sent off but X is worried it will trigger problems and another ESA etc which X will be totally unable to deal with with all the other problems in X life.

I am unable to find out when the last ESA was completed or when they last put X in the WRAG as they have not sent any paperwork pertaining to X claim.
X thinks the last medical was in June 2013 after completing and sending in the ESA in Feb 2013.
A letter stating X is in the WRAG with how much X is to receive is dated 12 Feb 2014 and that the rates of benefit is from 7 April 2014 is all that is available.
But I am unsure if this is a normal annual generated letter or a letter saying now in WRAG from April 2014.

Do you think the asking for the SAR/Prognosis is the first step to go with and take it from there to assist this person.
What can I do to help X re the problem with the work provider to ease of X.

Please any help would be much appreciated.
Last edit: 9 years 8 months ago by . Reason: Tick.

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9 years 8 months ago #123397 by Gordon
Replied by Gordon on topic Help needed please
PCM

Dealing with the work issue first.

ESA claimants cannot be required to work or to seek work, by work the law means paid employment.

ESA claimants can be requested to perform voluntary work for no pay, however, it is as the discretion of the claimant whether they undertake it or not.

Claimants can be mandated (with threat of sanction) to perform work experience with an employer, this is unpaid and must be for the benefit of the community.


You say a SAR has been sent o the DWP, if the 40 calendar days have expired then X is entitled to escalate the request to the Information Commissioner, although it is usually worth making a further request to the DWP for the information.

www.ico.org.uk/for_the_public/personal_information


Whilst X remains in the WRAG they are subject to the Work Programme and whilst it sounds like they should escalate their issues to their advisors supervisor there is nothing they can about the underlying requirement unless they are placed in the Support Group.

There has to be an ESA85 or ESA85A whether from their original transfer from IB or a subsequent re-assessment, which will give you some idea of the Descriptors met to place X in the WRAG and therefore whether they may meet any of the SG ones.

You need the date of the last Decision in order to determine whether they are still within the absolute limit of 13 months for requesting a Mandatory Reconsideration, I am surprised that this information cannot be provided over the phone.

The requests for information should not in themselves result in a re-assessment but WRAG periods tend to be shorter than the SG so it is not impossible that a new re-assessment is pending.

Without more information, it is difficult to offer further advice.

Gordon

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

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9 years 8 months ago #123400 by sally-jane
Replied by sally-jane on topic Help needed please
Many thanks for the info you provided.

So it looks as though they can recommend X 'works' in a charity shop as X was told to obtain a job application form as part of her work programme.

I provided X with a letter to send asking for a SAR/Prognosis following the last ESA.

I hope it gets sent off but X is worried it will trigger problems and another ESA etc which X will be totally unable to deal with with all the other problems in X life.

The SAR I hope is sent tomorrow as I only gave it to X today.

X tried to obtain SAR over the phone but was informed that there was no such thing and who told X to ask for this and they demanded my name and address for providing X with this information.They also said to X that people like myself giving advice should not do so.
Very unhelpful

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9 years 8 months ago #123402 by Gordon
Replied by Gordon on topic Help needed please

pusscatsmum wrote: X tried to obtain SAR over the phone but was informed that there was no such thing and who told X to ask for this and they demanded my name and address for providing X with this information.They also said to X that people like myself giving advice should not do so.
Very unhelpful


Probably scared that you know more about benefits than they do.

If the SAR has not yet been sent, or only just, then there is a real danger that the time limits for requesting an MR could be exceeded before the information arrives. It is possible for you to speak to the DWP on X's behalf providing that they answer the security questions and authorise the DWP to speak to you.

Gordon

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

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