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Forced to look for work despite having med cert

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12 years 5 months ago - 12 years 5 months ago #95604 by Stu77
Hi All!
Found this site whilst trying to find info on my situation, and joined after seeing how helpful it has been to so many others. I've read quite a bit of material available to members, but still in need of some urgent advice. I'll try to outline the situation as briefly as possible.

I've been on ESA since Oct 2010 primarily for severe anxiety and depression, although I have several other medical conditions which make life even more difficult. I'm on medications for all of these things. Second ATOS assessment was Dec 2011, had to appeal & was successful. Just had third, waiting on result.

I'm in the WRAG, but didn't realise I was until recently, as until just now, I wasn't ever asked to attend any WRA at all, and thought I was in the support group. I was recently called by JC+ for an interview, during which I asked why I didn't have to do this up until now. They said I should have, and 'must've slipped through the cracks.' I've just been referred to Reed in partnership which I had to register with.

My anxiety is so severe that it is like mild-moderate agorophobia, where just leaving the house is avoided as much as possible due to the panic attacks it can bring on which are debillitating to the point of vomitting. I live with my parents, who do most things for me and I need accompanyment almost everywhere. I know that I cannot cope with work and change, and should I be asked for interview I will have great difficulty in just attending that, let alone actually be able to do the job.

I have a med3 for 3 months, but the WRAG interviewer said while the cert exempts me from WRA, starting an action plan was mandatory and had to book me in for a minimum of a telephone interview per month. In this time I'm expected to apply for at least 5 jobs a week. The first one is on Dec 12. I'll be asked what I have been doing to actively find work, as it is a condition of the WRAG to be doing this. How do I respond to this so as not to lose my benefit?

What I don't understand, and would like to know exactly why, is if the sick note exempts me from the WRA's without loss of benefit, why must I still be expected to look/apply for work, and then have all this evaluated in regular interviews, or lose my benefit? That is WRA. -It's a contradiction!

Very Sorry for the length of that. Any help would be greatly appreciated. Many thanks,
Stu.
Last edit: 12 years 5 months ago by Gordon.

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12 years 5 months ago - 12 years 5 months ago #95607 by Gordon
Stu

Welcome to the site, you might want to have a look at the following FAQ

Welcome to Benefits and Work

With regard your questions.

The first and most important thing to say to you, is that whilst you remain eligible for ESA, you are not required to work or to seek work. I note that your JC+ advisor may have suggested otherwise, if you have this in writing, then this would be grounds for a complaint, even if you do not, you may still wish to consider this.

Complaining to the DWP

You are however, required to participate in Work Related Activity and failing to do so can result in your benefit being sanctioned, see

Work Focussed Interviews

Work Programme

Changes to ESA Sanctions

There is no clear definition of what constitutes Work Related Activity, but anything that you are asked to do must take into account any limitations that result from your condition(s).

As far as I am aware a Med-3 (Fit note) does not exempt your from WRA.

If you have more questions, please reply to this thread.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 5 months ago by Gordon.

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12 years 5 months ago - 12 years 5 months ago #95613 by summertrain
Last edit: 12 years 5 months ago by Gordon.

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12 years 5 months ago #95619 by Gordon
summertrain wrote:

See these links: www.donotsign.com/
consent.me.uk/

Without commenting on the legality of the suggestions on these sites, I do think it is important to note that most of the postings are in connection with JSA and not ESA.

Gordon

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

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12 years 5 months ago #95624 by summertrain
Replied by summertrain on topic Re:Forced to look for work despite having med cert

Without commenting on the legality of the suggestions on these sites, I do think it is important to note that most of the postings are in connection with JSA and not ESA.

Gordon


There is in fact some correlation between JSA and WRAG in that on either you can be coerced into signing for a provider whose only interest is to place you in work, and receive their bounty from HMG.

However, with the new sanctions for non compliance with Wrag, and the large amount of misinformation given out by JS+ staff as highlighted in this thread, there is fast becoming a convergence of JSA and WRAG. In some cases JSA might be preferable to WRAG, as you are only forwarded to providers for the WP after about six months.

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12 years 5 months ago - 12 years 5 months ago #95680 by Stu77
Thanks for those responses guys. I read all the links you provided.

It was the lady in the WRAG interview that told me I had to apply for a minimum of 5 jobs per week or lose my benefit. Yet what you've shown me is that they can't force me to apply for work. Is this a case of I have to look for work but don't have to apply or what?

I also refused to sign the document pertaining to sharing information between DWP and employers I believe. I asked what else they can share, and becuase she couldn't tell me exactly what as she 'wasn't sure' I told her on that basis I couldn't sign.

I'm confused.
Last edit: 12 years 5 months ago by bro58.

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