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Work Programme and ESA

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8 years 6 months ago #143546 by Zinny
Work Programme and ESA was created by Zinny
My son (in his 40's) is on ESA and the last 2 months of the Work Programme. He has mental and physical health problems. His present advisor bullies him and is very aggressive. My son is stressed and fearful.This man's behaviour is very erratic swinging from talking in detail about his own life style and relationships and comparing it with my son's(which is really not helpful or appropriate) to being aggressive My son is humiliated and embarrassed by being asked several times to explain his health problems as the advisor has "forgotten them". He also wants to discuss the most embarrassing parts of my son's problems.The advisor recently used Street View to look at his address and says he wants to visit my son at home. My son does not live with me . If he visits I will make sure I visit at the same time.
MY FIRST QUESTION -does he have the right to visit? Is there any rule or regulation that says he can / or cannot visit? There is no way my son will make a complaint about this man as he is too intimidated. My son does not want me to attend his meetings at the Work Programme . I understand this.He does not want to feel like a child. My son has no official carer - his health issues do not require this. However he relies on me for all sorts of help. MY SECOND QUESTION - is he entitled to have someone with him when he meets this advisor? If he is, I cannot think of who it could be. However I would like to know.

Thank you - you answered a question from me a few weeks ago - for which I thank you again. I greatly appreciate the effort and work you put into this site.

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  • foss27
8 years 6 months ago #143553 by foss27
Replied by foss27 on topic Work Programme and ESA
First off you should make a complaint about this mans behaviour. It is totally unacceptable to behave in this way.
Does your son have a mobile phone with recording facilities? If so could he record a meeting with this person?
This person does not have the right to visit your son at home. This is going too far. The organisation responsible for this mans employment must be informed. Try to explain this to your son. He probably isn't the only person being intimidated by this man. Someone has to stand up to him.
Although you say your son has no carer he is on ESA and needs help managing his affairs. Is there any mental health charity that would be appropriate for his situation?
Your son is perfectly entitled to have someone else present when he goes to see this man.
If you know the work programme company I suggest you contact them and make a complaint about this employee. They should be horrified to hear of his behaviour.

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8 years 6 months ago #143677 by Zinny
Replied by Zinny on topic Work Programme and ESA
My son will not complain. He cried at the suggestion. He will however refuse to agree to this man visiting and will tell him he has no right to do so. I intend to contact the local MIND to discuss how to get someone to accompany my son. My son understands this and would accept this. If they cannot provide someone they may know an organisation that would. I do realise he may be treating other people this way but there is no simple way of dealing with this. If I complain my son would deny everything. If a responsible person accompanies my son, I suspect this man will change his behaviour. If he does not then a complaint can be made by a responsble witness from a mental health chariity.

I have an additional question re ESA. My son had an assessment in June 2013 (filled in form ESA50 - 01/13 three months before, when on Income Support). Did both physical and mental sections. I had previously read your useful guides. I attended with him and I know on some issues they suggested things to him and got him to agree with them. End of November 2013 was told in WRAG group. We did not appeal - too difficult bereavement in family. Then in December 2013 put on Work programme for 2 years.

He will be called for reassessment for ESA sometime soon and if they stop his ESA we want to be able to appeal. It would be helpful both for the re-assessment and any subsequent appeal to get information about their previous decision to put him in the WRAG group.

MY QUESTION IS: What information should we ask for and is it too late to do so?

Reading other posts - should we phone the 0345 608 8545 (option 3) number and request
copy of report compiled by assessor at face to face interview? - and his scores on points awarded? and/or decision makers report? What exactly do we ask for? And is it laid down somewhere that we are entitled to these?And are you certain this will not activate him being called in for re-assessment?

Thank you for trying to protect people from this systematic destruction. I am over 80 and when young helped my father campaign for the return of the government that created the welfare state.

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8 years 6 months ago #143678 by Zinny
Replied by Zinny on topic Work Programme and ESA
Have just submitted long reply but forgot to say son does not have mobile hone.

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  • foss27
8 years 6 months ago - 8 years 6 months ago #143693 by foss27
Replied by foss27 on topic Work Programme and ESA
I understand and sympathise with your sons predicament. It is not a caring, compassionate regime we live under in this country any more.

You should have had the full report detailing your sons points and reasons with his decision. If this is no longer available you can ring and request another copy. This is really essential for your upcoming reassessment as it will help you fill in the forms now and concentrate on the areas where you think your son would score points. It would not surprise me to hear of people with mental health issues being leaned on at the WCA and tricked into answers that deny them points. At the end of the day the assessors are under pressure to cut the benefits bill and these people are easy targets. If you are there you can intervene and say that they are putting words into his mouth or tell him that what is being suggested is not so and he should tell them this or that. As his mother and advocate at the assessment you are entitled to a voice. Don't let him be bullied or confused by them into agreeing things that will be detrimental to his decision. You can ask for the hearing to be recorded.

Contacting MIND is also a good idea. As you say, even if they cannot help they will maybe recommend someone else.

One final thought. Jeremy Corbyn seems to be a good person. He has spoken out already on mental health issues. Is your MP Labour? If so contact them. If not contact the local constituency party and find out who the candidate might be. Try to get them involved.
Last edit: 8 years 6 months ago by foss27.

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