WRAG Interview - Can I change the Advisor?

Hi,
On my change from IB, I was awarded 13 months duration on ESA in the WRAG.
I have severe ME/FMS with despression. My GP agreed that I should have been put into the Support Group, and he wrote a letter for me to add to my appeal.
Meanwhile, as the appeal was taking so long - I was sent the first interview letter. After speaking to the Job Centre, explaining the appeal delay, I was told I still had to attend or lose money. (I am single, and can't afford a reduction on my income).

I attended the interview (with great difficulty, and helped by my brother).

Now here is the reason for my post here.

The lady advisor read Fibromyalgia listed on my file, and immediately told me that she too has Fibromyalgia. She then seemed to approach the meeting like a competion, in that she was insistant that if she can hold down a job, then so can I. I showed her my GP letter, and she just scoffed at it.
I told of my appeal, and she said I had better withdraw that, because (and these are her words) "there is no way you will win - you have to be on deaths door to win it. You will not only lose, they will also reduce the time to your next review".

She spent so much time telling me how she gets over her FMS symptoms, (stuff I've tried but hasn't worked for me), and she was determined to ignore my ME, which is my biggest problem, and totally dismissed my long history of depression.

She also told me I will lose my home - because of the new 'extra bedroom' law, so I should be prepared for that too. She said I will be called back for another interview in a couple of months, and I should be prepared to attend all the job programmes they put me on.

Needless to say, when I returned home, I immediatly cancelled my appeal. I was (and still am) terrified. This horrendous interview was several months ago, and I still can't sleep with worry. I am having anxiety attacks, all of my conditions and my depression are worse than ever.

I realise that I HAVE to attend these interviews or I will lose my income, but when the letter arrives with her name on again, can I request a change of interviewer? Will I be guaranteed I don't get her again?

I'm sorry this is a long post, and also that I didn't come on here to talk to you all before now - I've just been so depressed and totally exhausted from the ME.

Thank you so much for this forum... it's somewhere I can talk to people who understand what I am going through.

Westy.
p.s. She was wrong about my losing my home, because that only applies to community housing, and I am in the private sector. But I only found this out last week - I had several months of sheer panic from what she told me.

westy wrote: Hi,
On my change from IB, I was awarded 13 months duration on ESA in the WRAG.
I have severe ME/FMS with despression. My GP agreed that I should have been put into the Support Group, and he wrote a letter for me to add to my appeal.
Meanwhile, as the appeal was taking so long - I was sent the first interview letter. After speaking to the Job Centre, explaining the appeal delay, I was told I still had to attend or lose money. (I am single, and can't afford a reduction on my income).

I attended the interview (with great difficulty, and helped by my brother).

Now here is the reason for my post here.

The lady advisor read Fibromyalgia listed on my file, and immediately told me that she too has Fibromyalgia. She then seemed to approach the meeting like a competion, in that she was insistant that if she can hold down a job, then so can I. I showed her my GP letter, and she just scoffed at it.
I told of my appeal, and she said I had better withdraw that, because (and these are her words) "there is no way you will win - you have to be on deaths door to win it. You will not only lose, they will also reduce the time to your next review".

She spent so much time telling me how she gets over her FMS symptoms, (stuff I've tried but hasn't worked for me), and she was determined to ignore my ME, which is my biggest problem, and totally dismissed my long history of depression.

She also told me I will lose my home - because of the new 'extra bedroom' law, so I should be prepared for that too. She said I will be called back for another interview in a couple of months, and I should be prepared to attend all the job programmes they put me on.

Needless to say, when I returned home, I immediatly cancelled my appeal. I was (and still am) terrified. This horrendous interview was several months ago, and I still can't sleep with worry. I am having anxiety attacks, all of my conditions and my depression are worse than ever.

I realise that I HAVE to attend these interviews or I will lose my income, but when the letter arrives with her name on again, can I request a change of interviewer? Will I be guaranteed I don't get her again?

I'm sorry this is a long post, and also that I didn't come on here to talk to you all before now - I've just been so depressed and totally exhausted from the ME.

Thank you so much for this forum... it's somewhere I can talk to people who understand what I am going through.

Westy.
p.s. She was wrong about my losing my home, because that only applies to community housing, and I am in the private sector. But I only found this out last week - I had several months of sheer panic from what she told me.

Hi W,

This is awful !!!!

It appears that this JCP Adviser has frightened you into withdrawing your appeal by telling you that you were fighting a "Lost Cause" and by misinforming you.

Many claimant's gain access to The Support Group, (SG) who suffer from ME/FMS, quite a few of our members have.

How this adviser can make comparisons between their condition and your own, (That's if they even suffer from it) is beyond me. They are not medically qualified, nor can one person's limitations be compared to another's, even if they suffer from the same medical conditions.

You are correct in that you do have to take part in WFI's, WRA, even if appealing to get into the SG, see : Work Focussed Interviews

Work Programme

&

Changes to ESA Sanctions

However, you cannot be compelled to actively seek or take up employment.

Also, if your award of WRAG is Contribution Based ESA (CB ESA) you will only receive payment for 365 days, see : 12 Month Limit for ESA(CB)

It is upto you, but in my opinion this JCP Adviser needs reporting in the form of a formal complaint, they are obviously using underhanded dirty tactics to make claimants comply with their instructions, see : Complaining to The DWP

See also : Sending Documents to the DWP or ATOS

You may wish to seek face to face advice on this, see :

Where to get advice?

There are still two options open to you.

1. You could make a late appeal, where you must show good cause, and this can only be authorised by The Tribunal Service. In my opinion, from what you have posted, you have good cause.

This can be done upto 13 months after the original decision, using the GL24, which can be downloaded from ths link on this page :

How to submit an appeal , from our : Appeals FAQ’s

See also : Qualifying for the Support Group , from our : ESA FAQ’s

2. You could request a supersession/review of your WRAG award if you suffer from new medical conditions, or your existing medical conditions have deteriorated since the time of The WRAG award.

Again you could do this using the GL24.

Please remember that when you appeal, you will first receive an automatic reconsideration of your award by a different DWP Decision Maker, so there may not be a need for a Tribunal hearing.

Please repost here, if you have any further queries.

bro58

I suggest a face to face with cab/welfare rights.
One should not be bullied by anyone let alone someone employed by the govt.
If you have to see someone again including this person, covertly record all and then give that to a welfare rights person or cab.

this makes me so mad, like they are judging you, hope u got their name and personally I would lodge a complaint

Thank you all for your kind words and support.
I know I should have probably complained soon after the interview - but I was so scared, anxious and frankly terrified of the power they hold over my future - both financially and my health. I wondered if the whole Job Center would be against me in the future if they knew I had complained about one of their colleagues.
I never used to be a person who would back down from something like this - but I don't have the energy to fight anymore.
I will re-read all you advise over the next few days, to see if I can sum up the strength to tackle this.
I was told that my appeal had failed the DWP decision maker, and was scheduled for Tribunal. I did sign a letter that agreed to the cancellation of the Tribunal - so maybe I have sealed my fate with that?


Thanks again.
Westy