M.E. sufferer from Wrag to Jobseeker again

Hi

My son has just had a phonecall from a lady at the 'JobcentrePlus' informing him that as the result of his Maximus medical he had scored 6 points and would no longer be entitled to ESA as he was now a 'jobseeker' but of course he wouldn't even get JSA unless he applied. She wanted to try and put him directly through to someone else at theJobcentre, despite the fact he is and has been on the Work Program for 21 months.

We are now back to where we were four years ago when his first Atos medical awarded him no points and we asked for a Mandatory Reconsideration and they recognised ME as a condition covered by 'special circumstances' and he was placed in Wrag and ESA restored.

Two years ago following another medical he was phoned by a Decision Maker in person who saw that once again he had been awarded no points and recognised that ME warranted 'special circumstances' and if we went to appeal we would win. She agreed to him remaining in Wrag as he was not fit to work.

So something has changed at their end even tho absolutely nothing has changed at our end - His health is no better than it has been in the last 10 years. It appears to me that the person who phoned was not a Decision Maker but someone with a list of similar phonecalls like this to make. Probably getting some points this time worked against us and I think his papers never even made to a DM.

I feared that this would happen with 12 billion worth of cuts to make. We will ask for a Mandatory Reconsideration and take it from there. We will go to appeal and even to my MP if I have to.

Just so disappointing to be back to square one.

fed up beekles

TBH I'm shocked, but not surprised, that anyone with M.E. is in the WRAG at all (rather than the support group). They attempted to put me in the WRAG about 6 years ago, failed reconsideration so was all set to carry on to appeal and then they changed their minds and put me in the support group. I'm fairly sure even then they don't decide until they start preparing the papers for the appeal. My advice would be to stick with it and appeal. Apart from the stress etc. the situation can only improve, i.e. fit for work is the worst outcome possible, you can only go up from there.

beekles the woman that you spoke to sounds just like the one I spoke too last year. She was horrible. Told me I was found fit for work as I had only got 6 points and kept trying to get me to agree for her to put me through to JSA. I said that I can not claim it and after I couldn't speak she phoned me back and was trying to get me to take the JSA number from her. I had been on the work program and my work coach couldn't believe I had been found fit for work. What a waste of money the work program is only to do part of it then be found fit for work then go to tribunal and hopefully win.

Hi
Can you tell me more about ME being classed as a recognised warranted 'special circumstances'
Thank you.
Pat.

pat wrote: Hi
Can you tell me more about ME being classed as a recognised warranted 'special circumstances'
Thank you.
Pat.

I'm afraid there is no condition which is guaranteed to meet the 'special circumstances' descriptor. Every claim will (should!) be assessed on its own merits and the onus is always on the claimant to prove that they meet that descriptor.