Claiming ESA & subsequent placement into work related or support group questions.

[Speedracer]

My first post in FibroAction so hi to everyone.

As per my question headline, has anyone who is claiming ESA been placed in either work based or support based group without filling in a questionnaire?

I was placed in the work group when I was removed from income support in November last year, & I have only just been made aware I should have been assessed before being placed, & indeed only just found out about the 15 point qualifier form. I have made a compaint to the DWP but have been told because I am due to be assessed again in November when 365 days are up I cannot appeal. Does anyone know if this is correct?

I was pointed to a website that provided the Limited capability for work questionnaire, albeit unofficial & self assessing, & my score was 105, so I am pretty angry I wasn't given the chance to fill the form in officially at the time.

The DWP keep sending me for interviews with companies who provide help with getting a CV or interview skills & applying for jobs, despite me telling them I know how to get a job, I just physically can't keep one.

I guess I am asking if anyone knows if I can in fact make an appeal or am I stuck with being in the work group?

Thanks for listening, Speedy.

[TheAuthor]

Hi speedracer

I sincerely hope that you are feeling as well as you possibly can be today? Welcome to the site and I sincerely hope that you find it as useful as I do?

I am so sorry but I do not know the answers to your questions on this topic, as I have never undergone anything of this kind. I will send a message to Mdaisy the site administrator as she has plenty of experience on these issues, so I genuinely hope that she will know the answers.

I have also pasted you a link to the FibroAction website which also holds a lot of useful information.

fibroaction.org

I look forward to bumping into you around the site.

Ken

[Dorothy1952]

The best place to go is cab it is aware of all the laws good luck x

[Offcut]

I would Go and speak to CAB too.

I applied for ESA went for assessment and they found me fit for work I appealed this and (I think you have 1 month to do this is with the appeal form?) If you are on contribution ESA then that will finish after 365 days unless you are in the Support Group. This happened to me even though I was waiting for my appeal date and I had no money at all. I won my appeal and was then put in Support group but they put a 12 month review on me. I have just had my form though stating they are going to continue with my ESA support with the calculations. If you are in the WRAC group and you get a sick note from your doctor you do not have to attend any interviews as you are unfit. I have heard that you should not get one over 3 months as they will reject them.

I see no reason why you cannot claim again and start the process again. With all your points why don't you go for PIP which was the old DLA ?

What was the website that you did the form on?

gov.uk/benefits-adviser is the gov benefits calculator might be worth a look.

Hope you get it sorted I know it has been a nightmare for me.

[Speedracer]

Thank you all for your replies, I will follow up on the suggested methods I can try & will report back, if i can get the help I require from them I will pass them on as they should also be useful to others.

[pottyness]

the work related one is based on contributions. so if you were entitled to incapacity ben then you get put in the work based one straight away as you had to have had contributions to get it. as you werent on that but were on income support then you were right to appeal. however the incapacity ben presumed you were unfit where as the income support didnt as lots of factors could result in you being on it. i have read that two people have been on the work related ESA for two years but i was told be CAB it was unlikely. i appealed against mine and thankfully i lost as i wouldnt have got anything on the support esa as hubby works.. i could re apply for esa and get put in the support group [as i have got worse..due to stress and age etc] but wouldnt get anything again because my husband is working.. i have considered job seekers as 'fightback' on facebook said that dwp promised that they wouldnt hold against anyone that they had stated that they were fit to work on the form... i personally find it impossible to lie so i havent claimed it.. i will however have to when i get to food bank stage.

when i went for my work focused interview the blokes first words to me were 'its ok we know you cant work' so i just had to sign in with them twice in the one year to keep my 'stamps' up.

visit the cab office. you have to make appointments now.. but they are good.

[Mdaisy]

Hello Speedracer,

I must admit I've never heard this before, how can they put you into WRAG without any form of assessment. Even if they sent you the forms and you didn't receive them so obviously there would be no response from you, they stop benefits rather than put you into a random group!

It is a very odd situation and they are saying you can't appeal or discuss ESA Entitlement until November. I would consider speaking to the Citizen Advice Bureau and maybe have help from them to send a consise letter recorded delivery. I believe everyone is entitled to an assessment, so you are not appealing a decision but asking for the initial claim forms you never received or completed (as not given the opportunity)

Please ask the CAB the legal information about DWP and what information decisions should be based on, hence they may say they cannot make a decision on previous information as circumstances change.

If I was in your position a well worded letter explaining the circumstances, why you feel it's wrong and what you want to happen to address the situation, ie a chance like every claimant to be assessed using the outlined ESA process

Here's a link to our website for information about other organisations which may help;

fibroaction.org/Pages/Benef...

Here's some links about ESA;

adviceguide.org.uk/england/...

disabilityrightsuk.org/empl...

My personal thought is there must be guidelines that all claimants have rights to have a fair ESA assessment and the CAB will probably be able to explain this fully.

Please let us know how you get on

Emma

FibroAction Administrator

[sue32]

I was placed in the WRAG after being on Income Support and Incapacity Benefit. I didn't have a medical assessment either. I have to have 6 monthly meetings with an 'adviser' at the Job Centre but the last time I went she was amazed that I was being made to attend in person. So from now on I will have a telephone interview. I also mentioned that I thought I should be in the Support group but she told me not to worry about which group I'm in Because there was no way she was going to make me look for a job...in her words - 'it just ain't gonna happen!!'

Happy days!! XX

[Kirby]

I have heard of people being put into WRAG or SG without a medical assessment but not without filling out an ESA form. That sounds irregular. As well as contacting CAB I would get in touch with your MP. The whole thing is a mess so your getting in touch will be further evidence. Best wishes