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ESA confusion
- Nadine
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7 years 7 months ago #168827 by Nadine
ESA confusion was created by Nadine
Hello,
I have been receiving IB for years for anxiety and depression and was sent an appointment to attend a WRA in May which i did and then about 2 weeks ago received the news that I am now in the ESA Support group {although i have never been sent the ESA form to fill} which of course was a huge relief.
However, a few days ago, a letter came from the local JC with an appointment with a 'work-coach' and on contacting them i was told that they were informed that i was in the WRAG group.The advisor contacted the DWP who then phoned me to say that i had been in the SG until the 3/9 {the same date on the letter informing me that i had been placed in such} and was then moved into the WRAG but was clearly confused and didn't even know that i had been on IB and so said she would have to look into it.Then a while later was another call from someone else who read me the script about having been placed in the WRAG and when i queried the letter i had received saying i was in the SG he said it had been a 'human error' and he would send me the paperwork for a mandatory reconsideration.
I am now confused and distraught at the change in the outcome of the WRA and would be most grateful for any help here, many thanks in advance.
I have been receiving IB for years for anxiety and depression and was sent an appointment to attend a WRA in May which i did and then about 2 weeks ago received the news that I am now in the ESA Support group {although i have never been sent the ESA form to fill} which of course was a huge relief.
However, a few days ago, a letter came from the local JC with an appointment with a 'work-coach' and on contacting them i was told that they were informed that i was in the WRAG group.The advisor contacted the DWP who then phoned me to say that i had been in the SG until the 3/9 {the same date on the letter informing me that i had been placed in such} and was then moved into the WRAG but was clearly confused and didn't even know that i had been on IB and so said she would have to look into it.Then a while later was another call from someone else who read me the script about having been placed in the WRAG and when i queried the letter i had received saying i was in the SG he said it had been a 'human error' and he would send me the paperwork for a mandatory reconsideration.
I am now confused and distraught at the change in the outcome of the WRA and would be most grateful for any help here, many thanks in advance.
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- Gordon
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7 years 7 months ago #168836 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA confusion
Nadine
Unfortunately we have seen this on far too many occasions, especially with claimants being moved from IB to ESA.
As you are in the WRAG I am afraid you need to comply with the JC+ requests or you risk your benefit being sanctioned. That said, your advisor must take into account any limitations that result from your conditions in assigning activities and if that would include your having problems with attending at a JC+ then you need to make this clear and ask for the interview to be held over the phone, The advisor does not have access to your medical information, so you will need to tell them about your problems.
As to the Decision, the fact that you did not have an opportunity to complete an ESA50 will help but you must follow the formal process for challenging a Decision.
The first stage is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report if you have not already done so, ask for the ESA85 assessment report, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria for the Support Group, there are many reasons you may have failed, 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.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Unfortunately we have seen this on far too many occasions, especially with claimants being moved from IB to ESA.
As you are in the WRAG I am afraid you need to comply with the JC+ requests or you risk your benefit being sanctioned. That said, your advisor must take into account any limitations that result from your conditions in assigning activities and if that would include your having problems with attending at a JC+ then you need to make this clear and ask for the interview to be held over the phone, The advisor does not have access to your medical information, so you will need to tell them about your problems.
As to the Decision, the fact that you did not have an opportunity to complete an ESA50 will help but you must follow the formal process for challenging a Decision.
The first stage is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report if you have not already done so, ask for the ESA85 assessment report, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria for the Support Group, there are many reasons you may have failed, 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.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Nadine
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- Nadine
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7 years 7 months ago #169265 by Nadine
Replied by Nadine on topic ESA confusion
Hi,
I received the assessment report back and it would seem that i failed to make the SG because i function 'generally fairly well' and am able to use a phone and laptop, the fact that this is at home doesn't appear to be relevant.
The assessor also claims that my behaviour seemed 'normal' and i didn't show signs of distress despite the fact that i was shaking and in tears before even entering the assessment room and she was clearly aware of this as she asked if i was able to continue and handed me a box of tissues.
The stipulation that i had hoped to meet for the SG is that 'social contact is always precluded etc.' and despite the assessor stating that i never go out alone and have no social contact with anybody etc. apparently this is not enough.
As i did not fill out the ESA form and there is no mention of medical evidence being reviewed, it appears that the decision is based entirely on the assessors report.
I have not been sent another letter to say i am actually in the WRAG and so i still only have the SG confirmation dated 3/9, does this mean that the mandatory reconsideration would be based on that date despite me not being told i was actually in the WRAG until the 20/9?
I am extremely grateful for any help anyone can provide as my anxiety has escalated and the thought of meeting my work-coach on friday leaves me shaking and nauseous, Many Thanks, Nadine.
I received the assessment report back and it would seem that i failed to make the SG because i function 'generally fairly well' and am able to use a phone and laptop, the fact that this is at home doesn't appear to be relevant.
The assessor also claims that my behaviour seemed 'normal' and i didn't show signs of distress despite the fact that i was shaking and in tears before even entering the assessment room and she was clearly aware of this as she asked if i was able to continue and handed me a box of tissues.
The stipulation that i had hoped to meet for the SG is that 'social contact is always precluded etc.' and despite the assessor stating that i never go out alone and have no social contact with anybody etc. apparently this is not enough.
As i did not fill out the ESA form and there is no mention of medical evidence being reviewed, it appears that the decision is based entirely on the assessors report.
I have not been sent another letter to say i am actually in the WRAG and so i still only have the SG confirmation dated 3/9, does this mean that the mandatory reconsideration would be based on that date despite me not being told i was actually in the WRAG until the 20/9?
I am extremely grateful for any help anyone can provide as my anxiety has escalated and the thought of meeting my work-coach on friday leaves me shaking and nauseous, Many Thanks, Nadine.
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- Gordon
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7 years 7 months ago #169269 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA confusion
Nadine
Lacking any other date I would used 3 September as your base date for any actions.
The DWP have a strange view of social contact and often try to argue that using a phone or social media comes under this heading.
Have a look at the WCA Handbook, the latest version is available in the ESA section, section 3.5.7 on page 130 covers Social contact, this will give you an idea of how the DWP see this activity and therefore the arguments that you need to make to counter them.
Gordon
Lacking any other date I would used 3 September as your base date for any actions.
The DWP have a strange view of social contact and often try to argue that using a phone or social media comes under this heading.
Have a look at the WCA Handbook, the latest version is available in the ESA section, section 3.5.7 on page 130 covers Social contact, this will give you an idea of how the DWP see this activity and therefore the arguments that you need to make to counter them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Derek4
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7 years 7 months ago #169274 by Derek4
Replied by Derek4 on topic ESA confusion
Hi Nadine,
If you were told (presumably over the phone) that you have been placed in the WRAG then you should receive a letter to confirm that, and this will be the date of the decision.
Good luck,
Derek
If you were told (presumably over the phone) that you have been placed in the WRAG then you should receive a letter to confirm that, and this will be the date of the decision.
Good luck,
Derek
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- slugsta
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7 years 7 months ago #169289 by slugsta
Yes, there should be a revised decision letter. If this arrives, it will be that date that is relevant. However, in the absence of such a letter, I think you should get the MR request submitted as recommended by Gordon.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA confusion
Derek4 wrote: Hi Nadine,
If you were told (presumably over the phone) that you have been placed in the WRAG then you should receive a letter to confirm that, and this will be the date of the decision.
Good luck,
Derek
Yes, there should be a revised decision letter. If this arrives, it will be that date that is relevant. However, in the absence of such a letter, I think you should get the MR request submitted as recommended by Gordon.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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