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Moving from WRA Group to Support Group
- Polly
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9 years 8 months ago - 9 years 8 months ago #123404 by Polly
Moving from WRA Group to Support Group was created by Polly
Hi
I have posted on a similar subject previously but dont know how to get to it so apologies if i have put this in the wrong place. Basically, my Mum is currently on ESA in the WRAG which she has been on since she won an appeal in Feb 13. We have applied for PIP (about 3 months ago) but i am aware there is a huge backlog.
When she won the appeal it wasnt obvious to us what this meant and that she would have to attend WRA workshops. The JC have been very unreasonable and santioned her over and over again for non attendance, when we try to talk to them about the situation (she suffers from depression and anxiety and basically can't get to the workshops without having a breakdown) they say "she's in the wrong group then". She has turned up previously with my sister in law but had a panic attack and had to leave. I have established that she can't be moved groups and we can't appeal because its too late.
In November last year they sent her a new ESA50 which we completed and returned, we have never heard anything since.
A few months ago the doctor increased her medication as she is struggling to cope, is this enough to enable me to make a new claim on the basis of a change of circumstances? I understand there has been a lot going on on the mental health side and i am hoping they will look more closely at her condition and medical records to understand that this isnt something she can control. I beleive she meets the special condition criteria as she really struggles to go anywhere on her own and becomes really upset and distressed when forced to. I do genuinely believe if forced to make the journey alone it poses a threat to herself and others given the level of upset and disorientation - not to mention that once she gets there she will lock herself in the toilet anyway. I have had to rescue her from the supermarket (which is about 400 yards from her house) in the past, when she has got halfway through the shopping then broken down.
Anyway, if we are able to reclaim what is the best way to go about it? She asked the JC and they said she needs to make a new claim and sent her the standard Claim Form for Housing Benefit / Education benefits / Council Tax Support, but am not sure that this is the right thing as there is no mention of ESA? Also, when she does reclaim - will her current benefit stop altogether?
We have no idea what is going on with her current claim, they sanction her but we can rarely get to the bottom of which office has sanctioned her and who we need to contact as they dont advise of the sanction - she just finds out when there's no money in the bank. A few times she has been sent a good reason letter and we have responded accordingly - we have responded to 7, 2 confirmed it was a good enough reason, 1 confirmed it wasnt, and the rest didnt respond. We are dealing with a number of different branches so you can't speak to an indivual to find out where the claim is up to as a whole as the backlogs mean everything overlaps... The JC are useless in this respect.
She now receives ad-hoc amounts of cash at irregular intervals and we have no idea what's going on or what she will get from one week to the next.
Is there any way to get an overview of what's going on with her claim at the present time?
Sorry about the essay, what i am trying to get to is:
How do we reapply to at least attempt to get her in to the support group, if thats not possible - what should we do?
Secondly, how do we work out where her claim is currently up to and what's going? The JC are really unhelpful.
Any advice most welcome & many thanks x
I have posted on a similar subject previously but dont know how to get to it so apologies if i have put this in the wrong place. Basically, my Mum is currently on ESA in the WRAG which she has been on since she won an appeal in Feb 13. We have applied for PIP (about 3 months ago) but i am aware there is a huge backlog.
When she won the appeal it wasnt obvious to us what this meant and that she would have to attend WRA workshops. The JC have been very unreasonable and santioned her over and over again for non attendance, when we try to talk to them about the situation (she suffers from depression and anxiety and basically can't get to the workshops without having a breakdown) they say "she's in the wrong group then". She has turned up previously with my sister in law but had a panic attack and had to leave. I have established that she can't be moved groups and we can't appeal because its too late.
In November last year they sent her a new ESA50 which we completed and returned, we have never heard anything since.
A few months ago the doctor increased her medication as she is struggling to cope, is this enough to enable me to make a new claim on the basis of a change of circumstances? I understand there has been a lot going on on the mental health side and i am hoping they will look more closely at her condition and medical records to understand that this isnt something she can control. I beleive she meets the special condition criteria as she really struggles to go anywhere on her own and becomes really upset and distressed when forced to. I do genuinely believe if forced to make the journey alone it poses a threat to herself and others given the level of upset and disorientation - not to mention that once she gets there she will lock herself in the toilet anyway. I have had to rescue her from the supermarket (which is about 400 yards from her house) in the past, when she has got halfway through the shopping then broken down.
Anyway, if we are able to reclaim what is the best way to go about it? She asked the JC and they said she needs to make a new claim and sent her the standard Claim Form for Housing Benefit / Education benefits / Council Tax Support, but am not sure that this is the right thing as there is no mention of ESA? Also, when she does reclaim - will her current benefit stop altogether?
We have no idea what is going on with her current claim, they sanction her but we can rarely get to the bottom of which office has sanctioned her and who we need to contact as they dont advise of the sanction - she just finds out when there's no money in the bank. A few times she has been sent a good reason letter and we have responded accordingly - we have responded to 7, 2 confirmed it was a good enough reason, 1 confirmed it wasnt, and the rest didnt respond. We are dealing with a number of different branches so you can't speak to an indivual to find out where the claim is up to as a whole as the backlogs mean everything overlaps... The JC are useless in this respect.
She now receives ad-hoc amounts of cash at irregular intervals and we have no idea what's going on or what she will get from one week to the next.
Is there any way to get an overview of what's going on with her claim at the present time?
Sorry about the essay, what i am trying to get to is:
How do we reapply to at least attempt to get her in to the support group, if thats not possible - what should we do?
Secondly, how do we work out where her claim is currently up to and what's going? The JC are really unhelpful.
Any advice most welcome & many thanks x
Last edit: 9 years 8 months ago by Gordon.
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9 years 8 months ago #123413 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moving from WRA Group to Support Group
Polly
Your previous posts are available on the following
www.benefitsandwork.co.uk/forum/profile?view=user&userid=125535
Just click on your name, to the left of a message or select the Profile tab towards the top of the page.
As I understand it her appeal was in 2013 so you are no outside the maximum time for challenging this.
You say that she was sent a new ESA50 in November last year, your best shot for getting her moved to the Support Group is to chase this up, it will likely still be with ATOS awaiting them making a decision on whether to hold a face to face assessment or not. As it has been some time since the ESA50 was submitted you are entitled to submit additional medical evidence and updates as to how see now meets the ESA Descriptors.
You can notify the DWP of a Change of Circumstances, but this will likely result in a new ESA50 to be complete and as protracted a delay before ATOS do anything with as you are currently experiencing with previous form.
To be clear, as she is already in receipt of ESA she cannot make a new claim and what you have been told about doing so is incorrect.
With regard the sanctions, her only choice is to challenge each one! Sanctions are accumulative so the reduction in payments remains in place until all of the outstanding requirements are met or each of the sanctions are removed by appeal.
Unfortunately, by definition, claimants in the WRAG are considered to be capable of Work Related Activity and whilst it may be possible to limit this activity, you should talk to her JC+ advisor (or if they are not prepared to listen, to their supervisor), about the limitations she is now experiencing due to her conditions, she remains required to participate. If the JC+ will not listen then you can make a formal complain and it may be worth your involving her MP.
Complaining to the DWP
Contacting your MP
If you have not already done so you should look at Hardship Payments, you will need to speak to her JC+ about these.
If we can help you more, please reply to this post.
Gordon
Your previous posts are available on the following
www.benefitsandwork.co.uk/forum/profile?view=user&userid=125535
Just click on your name, to the left of a message or select the Profile tab towards the top of the page.
As I understand it her appeal was in 2013 so you are no outside the maximum time for challenging this.
You say that she was sent a new ESA50 in November last year, your best shot for getting her moved to the Support Group is to chase this up, it will likely still be with ATOS awaiting them making a decision on whether to hold a face to face assessment or not. As it has been some time since the ESA50 was submitted you are entitled to submit additional medical evidence and updates as to how see now meets the ESA Descriptors.
You can notify the DWP of a Change of Circumstances, but this will likely result in a new ESA50 to be complete and as protracted a delay before ATOS do anything with as you are currently experiencing with previous form.
To be clear, as she is already in receipt of ESA she cannot make a new claim and what you have been told about doing so is incorrect.
With regard the sanctions, her only choice is to challenge each one! Sanctions are accumulative so the reduction in payments remains in place until all of the outstanding requirements are met or each of the sanctions are removed by appeal.
Unfortunately, by definition, claimants in the WRAG are considered to be capable of Work Related Activity and whilst it may be possible to limit this activity, you should talk to her JC+ advisor (or if they are not prepared to listen, to their supervisor), about the limitations she is now experiencing due to her conditions, she remains required to participate. If the JC+ will not listen then you can make a formal complain and it may be worth your involving her MP.
Complaining to the DWP
Contacting your MP
If you have not already done so you should look at Hardship Payments, you will need to speak to her JC+ about these.
If we can help you more, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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