ESA....

[371960]

So I recieved the response from esa today..they have put me in the work related group ..I wish I could work,...I have no fight left in me, is it worth getting them to reconsider this decision thank you kath...

[Kirk5w7]

Was this your appeal, if not then appeal. I appealed and won, not easy on your stress levels but definitely worth a try.

Janet

Youve nothing to lose have you?

[371960 in reply to Kirk5w7]

No it was not my appeal Janet..they say I have to attend a meeting, about help in getting back to working. I have provided a sick note that doesn't run out until Christmas. Would I be in refusing to go for this meeting, as I'm on sick leave, it's stressing me out, as I'm only driving short distances i.e. 4 miles for dr appointments.My husband has lost so much time at work these past 2 years, taking me to appointments, that it's unfair to expect him to loose time off work. Thank you Janet for your reply

[Kirk5w7 in reply to 371960]

Im really not sure, if it were me i would try to attend. I was told when i was doing all this, that doctors and consultants arent qualified to determine if soneone is able to work!!!!!

That baffled me, like tou i wanted to work but there was just no way i could even do voluntary work, that was all about 4-5 years ago now, and if i wasnt retired i still wouldnt be able to work.

Remember when you are filling forms in and speaking to people, its how you are on your worst days you talk about, and you cant do things repeatedly, once or twice yes but repeatedly, no. Dont give in, these departments need to understand the effort of just getting dressed in a morning, never mind getting on a bus and travelling to work.

I could probably manage 2 hours a day if i could somehow just appear at my workplace then be spirited home again 2 hours later, and that would be it for the day!!.

Take care

Janet

[371960 in reply to Kirk5w7]

I agree I'm the same, I have worked in the NHS for around 25 yrs loved my job, October I was retired on medical grounds, I'm now 58, not well and just can't be doing with form filling, assessments etc..I will attend the assessment and thank you for your reply take care kath

[Kirk5w7 in reply to 371960]

Sealiphone has given you some great advice, this should help you immensely, i wish i had had it. So you should be able to get this decision overturned now.

I jnow i would never have passed any risk assessment should i have returned to work, not what i wanted but these things happen dont they?

Take care and good luck xx

[sealiphone]

Firstly you should attend the appointment otherwise your ESA may have a temporary suspension.

You have been placed in the Work-related Activity Group, which means you have to go on appropriate courses to improve your chance of employment(?).

Someone placed in the Support Group is classed as unable to work & therefore no appointments.

The route in to the Support Group is via only one of these descriptors applying to you: disabilityrightsuk.org/wca-...

A second route is regulation 35 this is the most common reason for claimants getting into the Support Group.

35 applies when there would be a risk of harm to the claimant or someone else if they were not placed in the support group.

So a report from your specialist or GP would be making it clear that any work would be detrimental to your health or potentially harmful to others, eg Health & Safety risk. It could also be that having to attend any course was equally detrimental.

You have 1 month from the date of the letter to request a Mandatory Reconsideration, it's advisable to do this in writing.

They'll look at all the previous and any new evidence and make a second decision. So if you have evidence that supports anyone of the descriptors or regulation 35 send it in.

You'd then have 1 month from the 2nd decision to submit an appeal.

Do a Google search for "Welfare Benefits" in your area, this should bring up agencies, which may be able to help you.

[371960 in reply to sealiphone]

Thank you so much for this information, I will get my husband to help me search the sites you have mentioned, i struggle with retaining information, much appreciated sealiphone

[sealiphone in reply to 371960]

I should just emphasise that for regulation 35 the aspect of not being able to attend any training (work related activity) is the important factor.

An example of the type of course and content could be:

basic skills for maths or writing

confidence-building sessions

learning how to produce a CV

new ways to manage your condition or disability

One of the things to consider is that these courses are not designed with TBI in mind, so the length of sessions may be too taxing and delivery won't take account of TBI symptoms.

There's also the need to show that attending such a course is detrimental to you or another.

In recent appeals the DWP have been making a general statement about only asking people to attend an appropriate course, so this is making it more difficult for a Tribunal to be convinced it would pose a risk.

You would really need to speak to an adviser to have the aspects of all this explained and how it relates to your difficulties.

I apologise for my 1st post being incomplete but it is fairly complex and does really need to be discussed face to face.

[371960 in reply to sealiphone]

Please don't apologise, I appreciate the information you gave me..yes the letter does state about the courses you have mentioned, I'm going to ask for a reconsideration, as I live around 20 miles from the assessesment place, I would not be able to drive myself to attend these courses, and my husband has lost so much time off work this past 2 years since I was diagnosed, that he could not have the time off to take me..it's all just getting to much, I'm exhausted from it all thank you for your help sealiphone ...kath

[sealiphone in reply to 371960]

As I initially said if you don't attend the interview you're benefit payment will be suspended.

The Jobcentre has a discretionary fund, which may be used for travel costs, so if you have to travel by car, call the Jobcentre and speak to your 'coach' about travel expenses for the use of a taxi.

This is general guidance to anyone attending their first interview. Remember this is a person who on a regular basis will be dealing with claimants who are stressed and therefore 'difficult' hence they work in a very stressful job. So at first contact ensure you come across as balanced be positive whilst at the same time informing them of your difficulties.

So if they suggest a training programme discuss issues related to your TBI, such as:

You already possess all the skills.

Is the course designed in small chunks, with recovery periods that you may require.

Can you safely travel to and from the venue.

Does the training provider have specialist knowledge of TBI.

I have been told that front line staff (they'd lose their job), that they have a RED flag for client's who are difficult/ abusive, if you're on the Green list they're more likely to be a reasonable human being. However always remember they are a little cog with limited discretion.

For me I've claimed ESA during periods of unemployment and was asked once to go to a meeting regarding producing a CV.

My background has including being responsible for the whole recruitment procedure so my CV is a model example. However I agreed with my 'coach' that I'd go along so she could tick a box.

The person I met advised me to remove some information, as it wasn't relevant, I thanked him.

[DMN34]

Absolutely, you must enlist the help of a welfare rights worker to help you. More than 65 % of people who appeal get the decision overturned. It is ridiculous for them to assume you are "fit to undertake" work related acitivity ! it is not a quick process, however they will back pay you if a decision is made in your favour. Keep on with this, it WILL get better, your local council have a welfare team that can help, contact your local councillor or a CAB office. There is help out there, you just need the right people to be able to fight your corner while you concentrate on feeling better. Good luck! x

[371960]

Hi just an update on my ESA journey...I was advised by the CAB and A4u..to go down the section 35 route on special circumstances, my form will be posted tomorrow, I have asked my Gp and spoken to my neurologists secretary, and asked if they could give me a covering letters to send on at a later date...things may take a while with any progress for a while, but I will update as I get any news kath