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New and confused

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8 years 1 month ago #153661 by Donna
New and confused was created by Donna
Hi, I just joined here and I'm not really sure where to start, as there is so much information to read, which is difficult in a Fibromyalgia Brain Fog :(

I'll try and condense this message. I'm receiving ESA and wrote a letter to appeal against being put in the Work Related Group because I think I should be in the Support Group.( I was supposed to go to a place called Ingeus on 29th February 2016 but phoned to cancel, saying I wasn't well enough to travel. Was told I might have my benefit sanctioned because it's a Mandatory work programme. Repeated I wasn't well enough to travel because of my six diagnosed medical conditions, and the woman said she'll have to phone DWP to say I wasn't attending.)

I was then sent out a new appointment with Ingeus to attend on 8th March 2016 and again I phoned them to tell them I can't attend because of my 6 medical conditions and that I'm not well enough to travel. Again, threat of sanction if I don't attend. Now I have another Ingeus appointment to attend on Monday 14th March 2014. I will phone and cancel that one too, for the same reasons as well as having more suicidal thoughts because of all the pressure!

I've been sent a Mandatory Reconsideration Notice dated 4th March 2016 and they haven't changed their decision. It's quite a long letter and should I type it all on here?

My diagnosed medical conditions are : Idiopathic Scoliosis, M.E (Chronic Fatigue Syndrome) Fibromyalgia, Depression with suicidal thoughts, Cervical Spondylosis and Endometriosis.

Could someone tell me what I need to do next? I'm getting myself stressed out trying to learn all the information alone, but realised I need all the help and guidance I can get.

Thank you

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8 years 1 month ago #153722 by Gordon
Replied by Gordon on topic New and confused
Donna

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

First, to be moved to the Support Group you will need to show that you now meet one or more of the SG Descriptors, see the ESA Claim guides for more information. If you cannot show this then you will not be moved however poor your health become.

Although your current advisor is being somewhat supportive, you do need to be aware that your benefit can be sanctioned if you fail to participate in any request for you to attend a Work Focussed Interview or participate in Work Related Activity.

To challenge the Decision further you will need to request an appeal, see the ESA Appeal guide for information on how to do this and for links to the form you will need to complete

Have you received a copy of the assessment report? If not then you can request it from the DWP office (not the JC+) dealing with your claim

Your primary task is to show that you meet the criteria for the Support Group, there are many reasons you may have failed to be placed in the SG, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

If you have more questions then 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

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