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WRAG & Support Group / Sanctions / Mental Illness

  • Polly
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10 years 4 weeks ago - 10 years 4 weeks ago #119587 by Polly
Hi

I am new to the forum so not overly sure how it works. I am seeking advice on my Mum’s behalf.
She is currently in the WRAG, she was placed in the WRAG following an appeal in Feb 13 where the decision was overturned to award her as she had previously been removed from ESA altogether based on an incompetent and untruthful “medical assessment”.

At the time we didn’t fully understand what it meant to be put in the WRAG and what was involved but just felt grateful her benefit had been reinstated.

She attended a meeting at the job centre accompanied by my brothers. Obviously since then she has been hounded to attend WRA workshops.

She suffers from severe depression and anxiety issues, the problems are all over her medical records spanning 40 years and it doesn’t look set to improve. The descriptors the judge overturned the decision on were based on her inability to go out on her own as she has panic attacks and suffers anxiety. She says the thought of just getting on the bus never mind attending the workshops brings her out in sweats, she doesn’t sleep for days before an appointment and its making her condition significantly worse because of all the pressure to attend. The reality is she just can’t go. The fear and anxiety is debilitating. However, mental issues just dont seem to be acknowledged in this process?

Her benefit has now been sanctioned and she is living on £25 pw which isn’t even enough for food and electricity – despite the hardship it cannot change her inability to attend.

Recently she has been receiving “good reason letters” where she is asked to detail why she didn’t attend, to which we have responded in full with medical evidence of her conditions and explaining what happened and why she didnt go.

She has never received any notice that her benefits have been sanctioned or instructions as to what it means and what to do next. These sanctions are now overlapping with all the appointments she didn’t attend. She always lets them know she can’t go and why in advance of the appointment, but they say there is nothing they can do, we have also asked whether she can do it over the phone but is told no. There is nobody that can go with her and it wouldnt necessarily help if they did. When she gets worked up in to a state she will just lock herself down in her house and nobody will be able to get near her for days.

I am totally confused about the system and what to do now, just completely at a loss with what to do next.

Can anybody advise me please? Any advice would be very greatfully received.
Last edit: 10 years 4 weeks ago by Gordon.

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10 years 4 weeks ago - 10 years 4 weeks ago #119594 by Gordon
Polly

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

To try and answer your questions.

[Updated to correct error[

If your mother was placed in the WRAG in February 2013 by a Tribunal, then there is nothing that can now be done with regard to that Decision.

However, if you can show that your mother's conditions has deteriorated, such that she now meets the criteria for the Support Group (you will need to provide medical evidence to support this), then she can request that she is re-assessed

Qualifying for the Support Group

This process will result in a new ESA50 being issued and she will likely have to attend a new face to face assessment, however, I have to warn you that this could take a long time, we have just had someone report that they had waited 13 months for an assessment to be booked, and your mother will remain liable for WRA until a new Decision on her claim is made.

With regard the sanctions.

Once a sanction is issued it remains in place until the Decision is overturned or the requirement that generated it is met, so it is not enough for your mother to attend the next scheduled meeting, she has to also make up the ones that she has missed.

Clearly from your post this is not an option so you need to do two things. First you/she need to speak to the JC+ advisor who is handling her claim. Whilst members of the WRAG are required to participate in Work Related Activity, any limitations that result from her conditions must be taken into account when the advisor decides what WRA to allocate to a claimant, it does not seem to me that this has been done. If the advisor maintains that they cannot do anything then you should escalate the to their supervisors.

As to the sanctions, your mothers only option is to challenge the sanction Decisions, to do this you must first request a Mandatory Reconsideration and if this does not overturn the Decision you can appeal. This must be done for each individual sanction, have a look at our ESA MR and Appeal guide for more details of the process and the following FAQs

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

www.benefitsandwork.co.uk/employment-and...ory-reconsiderations

The appeal process for sanctions is a lot faster than that for those on benefit awards.

Lastly, your mother can apply for Hardship Payments to help her with her bills while the sanctions are in place, you need to speak to her JC+ about this.

If you have any more questions, please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 4 weeks ago by Gordon.

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10 years 4 weeks ago #119598 by slugsta
Just to add a comment to Gordon's excellent advice - if your mother's tribunal really was in Feb 2013 then I'm afraid you can no longer ask for a Statement of Reasons from the Tribunal Service as there is a strict one month time limit for this.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gordon

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10 years 4 weeks ago #119602 by Gordon
Polly

Sorry, I'm obviously suffering word blindness today I read it as February this year :(

Just to add.

The Decision to sanction a claimant has to be made in writing and give the reason for the sanction, if your mother has not received these then you need to contact the JC+ about this, unfortunately they operate a policy of assuming a letter is delivered if it is sent, however, they do occasionally get it wrong and it is worth chasing them up as to where they are.

Gordon

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

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