0 points at esa assessment/ being put on jsa with... - LUPUS UK

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0 points at esa assessment/ being put on jsa without signing on.

field profile image
30 Replies

Hi everyone,

I haven't posted for a while, I felt I wanted to because I have been reading about others who have had 0 points following their esa assessment and declared fit for work. when I received my medical report from dwp I realised very quickly that the report was full of lies, inaccuracies and omissions. I was breathless throughout the examination because of how lupus effects my lung and she didn't record this. I was extremely fatigued on the day but this was not recorded. she added things I did not say and said I did exercises during the assessment I did not do. she listed conditions on the report that I did not say I had. I have applied for a mandatory reconsideration and will go for appeal if not successful. I am not holding my breath as I know this Is just delay tactics of dwp.

I realised that in order to pay my rent, I would have to temporally apply for jsa. I went to my doctor to get a sick note thinking I can use it when I go to the job centre and this would give me time until my reconsideration decision comes through. I was told by job centre that I could not use my doctors note when I initially sign on, as I have to declare that I am fit for work until I receive my letter confirming I am in receipt of jsa in 2nd or 3rd week of signing on, of course I could not do this because I am not fit for work. The man I saw at the job centre said he could not sign me on because when I arrived there I was very breathless and I suffer with chronic fatigue, which means I could not fulfil the obligation of jsa and would be sanctioned as a result. so I left the job centre without signing on. I rang dwp and explained the situation and the person I spoke to said I can negotiate with the job centre to do very little in first week ie look in newspapers until I can use my doctors note. so I went back to the job centre and was told there can be no negotiation I have to be fit for work from the word go. so again, I left without signing on.

So I was quite surprised and perplexed when I received a text this morning from dwp informing me that I would receive my first payment of jsa on the 10th of October. I didn't sign on! This is very strange, I don't understand it.

So I wait the decision of my mandatory reconsideration and will appeal if they do not reversed their decision. I was in the support group before I received 0 points.

I have also decided to write to my MP and the Secretary of State for Work and Pensions "Damian Green", if the decision is not reversed. I would encourage everyone who received such a result to do the same. Perhaps if we all started writing and complaining to Damian Green directly he might do something about the shambles of the esa assessment.

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field
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30 Replies
misty14 profile image
misty14

Hi field

Sorry to read of your problems with ESA and JSA at Jobcentre and the undue stress it's causing!. Anything your not sure of or happy with seek the help of Citizens Advice. They will help you with your Appeal . I hope you've already done this or got the help of another organisation like DIAL. Citizens Advice have a helpful website as well. Good luck. X

Hi

Around 2 years ago I had a similar experience. I got booted off of incapacity benefit that I had been on for nearly 20years & the ESA basically said that because I had managed to raise 2 children on my own for over 11years, there was no reason why I could not work (I'd like to see that decision maker lose a leg & get Lupus, raise 2 kids & continue to work!). The jobcentre were appalled at the ESA decision & said that unless I declared myself fit for work I woudn't be able to claim, but if I did declare myself fit for work & I wasn't (which obviously I wasn't) then I would be committing fraud. Meanwhile I was appealing the ESA decision so they had me over a barrel. I went 6 weeks without any money & eventually got sick of appealing & signed on JSA just to be able to afford to feed my family. I eventually got a part time job & although I love it, I am constantly battling various infections, then the Lupus flares that follow which I end up on more immunosuppressants, then more infections. I am really thinking seriously about leaving my job as it feels like it's slowly killing me but I dread having to battle with the benefits system to believe me. I would love love love to be able to hold down a full time job without being ill all the time, having the energy to live a 'normal' life. Maybe it's time we had people that understand what it's like to feel so rubbish having a say in making the decisions on whether we are judged to be lazy/workshy? The ex-nurse who deemed me fit for work didn't have a clue about Lupus, let alone what it was like to wear a prosthetic leg when your knee joints are like melons.

In this day & age with all the political correctness & supposed leniency towards minority groups. Where is the realistic help for those that really need it?

Am climbing off my high horse now😬 & wish all of you Warriors that are fighting one battle or another everyday the strength to keep on. ✊

field profile image
field in reply to

Its so unfair. I suffer with breathlessness, chronic fatigue and other issues with lupus. When i went to job i became breathless just walking across the floor. The advisor said he could not sign me on because it he didnt think i was fit to sign on and i should reapply for esa. If the esa examiner had not lied on form i would not have received 0 points. They have no clue about this condition and how debilitating it is and even when they do they dont care because they are not the ones who have to live with it. Its wicked.

Silvergilt profile image
Silvergilt in reply to

I think you've answered your own question 'supposed leniency' is just that - some laws passed for rights and discrimination doesn't mean there aren't a thousand loopholes, nor does it mean discrimination or racism has stopped. After all 'political correctness gone mad' is usually said with a sneer, as if it was somehow a bad thing and not just a common courtesy toward other human beings. As a woman of colour who also has a chronic illness I get a little irked when people think I have it totally easier than ill people - I don't, I assure you, and over the past couple of years it's become even worse. I wish people wouldn't use this argument.

So I'm coming off MY high horse now too.

Buffy14 profile image
Buffy14

Please also complain about your assessment aswell as appealing, if you read my posts on here I am going through the same thing at the moment, put in the support group 4 years ago now given zero points and told to sign on , I took a sick note to my jobcentre the second time I signed on and they accepted it but it hasn't made any difference they still insist I should go every two weeks

field profile image
field in reply toBuffy14

U shouldnt have to go every two weeks to sign on if u have submitted a sick note, thats the whole point of submitting a sic note. I would get some advice on that.

I didnt apply for jsa because the would not accept my sick note until 2nd/3rd week. I told her i could not fulfill the jsa requirements and left the job centre. 4 dsys later i revieved a text informing me that my application gor jsa has been accepted. I will call them tomorrow to find out what is going on. These people make it up as rhey go along with no regard for sick people. Its so inhumane what they are doing.

Buffy14 profile image
Buffy14 in reply tofield

Yes I will Thank-you.

Buffy14 profile image
Buffy14 in reply tofield

Did you find out what is going on with your jsa ? I've been to job centre today and got the same crap and another appointment in two weeks, I argued that they have accepted my sick note for 3 months but she said i still have to look for work and when I go back in 2 weeks I have to show what I have done to find work , she knows I am appealing but said they have declared me fit for work so I have to sign on and look for work , I argued that I am not fit for work and she said I have signed to say I will look for work, I argued I have been forced to do that and she just said if you think you are unfit for work then don't sign on , when I said what would I live on she just shrugged her shoulders, how do I find out the rules I asked someone else at the job centre and welfare rights and they say it is up to your work coach .

field profile image
field in reply toBuffy14

hi buffy14

the way they are treating u is appalling. if you were employed and you submitted a sick note to your employer your employer would have to accept that you are sick and give you the time off, so what is the difference here? surely this is an infringement of your human rights.

I am also very surprised at what the welfare rights worker is telling you. I don't know a lot about the legalities of this, but what they are telling you does not sound right to me. Have your tried citizens advice?

The dwp are a law unto themselves, they change rules as and how they please it seems and there is no one to hold them to account.

As for my jsa, I received a text on Saturday from the dwp stating that I am on it although I did not sign any declaration that I am fit for work. I have also checked my bank account and they have not given me any money as they said they would on Monday, so I don't know what is going on.

I will wait and see if I get a letter of confirmation. if I am on it I intend to submit my doctors note, so I will have to make some enquires about what should happen when you submit a doctors note.

if I get any clarification on this I will let you know.

Buffy14 profile image
Buffy14 in reply tofield

Thank-you I will ring citizens advice tomorrow although getting through is usually a nightmare, I think at these assessments and at the job centre it all depends on whether you get to see a human being or one of the many robots that work there . I am currently swelling up from the stress of this which is going tob add more problems to my kidneys, my consultant said that if my kidneys remain stable at 47% I may never get to the needing dialysis stage but he said a bad flare could change that .

field profile image
field in reply toBuffy14

It wicked what they are doing to us. If we could work we would be. Its hard not to stress about it.i have only left my home twice in last 2 weeks because i have been feeling so ill from it all. I emailed some one from the fight back org and she said u dont have to look for work or sign on once u have submitted a doctors note. Their no: 01616727444 u can leave a message and they will call u back.

Buffy14 profile image
Buffy14 in reply tofield

Thank-you I will ring them tomorrow have you got your appeal date yet x

Buffy14 profile image
Buffy14 in reply tofield

That website I mentioned is a con by the way don't know if you have seen my post today about it , claim to give free advice but charging people a fortune another group of people taking advantage of the vulnerable, my brother said it was on the radio about them helping people he probably didn't hear it right .

Buffy14 profile image
Buffy14 in reply tofield

I have just read something that says you should never give a sick note to the job centre during the mandatory reconsideration phase or you will get your jsa stopped and therefore have no money . Thats an old thread so may be out of date . I have also read something saying that you have to have a sick note to do a mandatory reconsideration I've not heard that before have you

smudge1980 profile image
smudge1980

I'm speechless field!!! 😤 What the hell is going on with these departments? It's like been the ball in a game of tennis! Jsa are telling you your not fit for work, esa are telling you you are, what your suppose to do? I also said I cldnt sign on at the job centre because I'm to ill to work. Esa told me I'd have to sign a declaration to say that I am fit for work. If you've not signed that I also don't understand why jsa going to pay you. Confused dot com!!

My decision seemed to get further looked into when I spoke to a decision maker because I'd had two readings of high blood pressure at my assessment & the doctor doing the medical advice me to see my gp. I told her I had uncontrolled blood pressure and was under the care of my gp already for this. Six days after the medical assessment I was taken to a&e with a suspected heart attack. Luckily I was treated with more beta blockers & that's calmed things down so far. But I think all the stress of the medical & build up & waiting for results caused this episode. No where in my medical assessment results was my blood pressure mentioned!!! There's lots more lies and discrepancies in my assessment which I'm gobsmacked at because I had it recorded.

Good luck with your fight against this decision & please complain as I will be x

field profile image
field in reply tosmudge1980

Wow u had your assessment recorded and they still lied! These people have no morals! They know they can lie with impunity. Everyone working for dwp have lost their moral compas. They just follow instructions without question. thats how Hitler was able to get away with his evilness people just followed commands.

Buffy14 profile image
Buffy14

It is about time we all did something I suggest everyone going through this writes to The Right Hon Damian Green MP , Department for work and pensions , Caxton House , Tothill Street , London , SW1H 9NA . We need to 1) make him aware of SLE and 2) ask him if he is aware of the disgraceful behaviour being inflicted on seriously sick people by the companies the dwp employ to carry out the work capacity Assessments. We need to ask if he knows they lie in reports , we all assume the dwp tell these people to lie , maybe they don't . There are guidelines these people are meant to follow ESA 214 , certainly in my case they have not done so . Do these companies get extra money the more people they get off benefits it makes you wonder. There are so many people on here going through exactly the same problem so something very suspicious is going on , people who like me were declared unfit for work years ago and put into the support group and then at reassessment been given zero points it proves there is a serious problem with the system . The more people who write to him the better, strength in numbers . I will send him copies of my report with the proof they have lied and a copy of my Mandatory Reconsideration Notice in which they admit they lied and pretty much admitted they haven't followed guidelines.

field profile image
field in reply toBuffy14

thank you for the info, I have every intention of complaining to Damian Green MP.

They must think we are stupid. I can see what they are doing. in light of the government's new announcement that those with chronic illnesses placed in the support group will not be continuously reassessed they are trying to get as many people out of that support group as possible. They will lie, cheat and do all things unscrupulous to get people out of that group, because that is their real intention. They make these announcements to dupe people into believing they are reasonable and that they care. This tells you that this leader is no different from David Cameron because she says one thing but behind the scene does the opposite.

Buffy14 profile image
Buffy14 in reply tofield

That was exactly what I was thinking about it , it's obvious , you are put in the support group one minute and next assessment zero points and kicked out there are so many people getting zero points , my family couldn't believe it when I was given zero points they said it must be. Mistake , after coming on here and reading the other stories i like you have realised what's going on .

Buffy14 profile image
Buffy14 in reply tofield

Hi you were right waste of time writing to Damian Green just wrote back telling me there is an appeal system.how did you get on with your jsa did they pay you , I am still being told to go every two weeks and prove I am looking for work, have you had your appeal yet ? I have heard today about a woman who has sod all wrong with her who went for assessment faked tears got her husband to say he has to do everything for her and got the money, after bragging to my friend that she had the money again , lied last time and got it , she produced photos from her latest holiday showing herself riding a bike, she has about 4 holidays a year . This corrupt system is taking money off the genuinely sick people and the liars and actors are still getting the benefit it's such a pathetic system.

in reply toBuffy14

That is so disgraceful how do they sleep a night. I also know of people who ar perfectly fine, applied for PIP, faked everything, brand new car all paid for, the lot

Silvergilt profile image
Silvergilt in reply to

if you know of people who have 'faked' then you need to report them. However, at the end of the day you don't really know of their situation or what goes on behind closed doors any more than people know about you. If you're having a good day, I'm sure people assume you're 'perfectly fine'! Let's not diagnose people purely by looking at them or we fall into the same trap of the tabloids, pointing fingers and the supposed 'scroungers' instead of the system that puts so much pressure on people. The government's own figures for fraud is less than 1% after investigations, with over 85% of the calls to the fraud line being deliberately malicious and vengeful.

in reply toSilvergilt

I am not stupid enough to look at someone and know if they are ill or not. Also I am no doctor, but I do have ears when somebody brags about faking it, yes they was reported, not by me, the car and benefits was stopped, she was actually telling her boyfriend how to fake and claim. I have my own problems so making malicious fake calls is not what I am about. Thank you

Silvergilt profile image
Silvergilt in reply to

Then report it again if you're convinced. But you're right, you do have your own problems, and therefore if one person is getting through the system, it's only one person and not really your concern unless you're willing to report it repeatedly - there will always be people who can get over, under, or through. What IS the problem is when people buy the government line that the reasons these assessments are so difficult are to 'catch the cheats' and feed into it by people assuming there are 'loads of people'. When there factually are not, by the government's own figures (a government who would have a vested interest in proving there are 'loads of people' who are fraudulent, but themselves haven't been able to prove it...and have had to bury the facts with Saints Vs Scroungers shows instead.

Thank you as well.

in reply toSilvergilt

Why report someone repeatedly if they have been stopped? I was simply commenting on this one case, not waging war. X x

Sami1982 profile image
Sami1982

Well I have my assessment a week tomorrow and I'm not looking forward to it at all. How can someone who spends all of half an hour with you decided if your ok to work, if I could I would I wasn't brought up to not work, I've worked all my life and always paid my NI and TAX and this is the first time I've been ill I my life. If my specialist says I not fit who is this stranger to question that? I don't get how our system works at all. And the DWP are a bit of a joke when it comes to sorting out claims considering they are the same people how do the procedures differ so much? They don't seem to be I the same book never mind the same page?

Buffy14 profile image
Buffy14 in reply toSami1982

Hi how did you get on at your assessment

Buffy14 profile image
Buffy14

They can't they just lie , good luck you may be lucky and get someone normal and truthful , are you seeing a doctor at your assessment or just an assessor

Hi there,

I am sorry to hear that you have not being getting the right support and advice from your Job Centre and it all sounds very stressful.

Your local Citizen Advice Bureau can help you claim the benefits you are entitled to. You shouldn’t hesitate to challenge and appeal against any decision or assessment you feel are not a fair reflection of your situation.

We have guides for claiming and appealing benefits which are available for members of LUPUS UK. You can find out more at: lupusuk.org.uk/benefits/

Jess_doyle profile image
Jess_doyle

This happened with my dla years ago, I was on high everything when I was first diagnosed, but because I was in the same state and didnt worsen they thought i was okay, my car got taken away and everything had to go through tribunal, which then they said before we started she doesn't understand why my mobility was taken away and we don't even need to discuss that it's instated again! Crazy I had everything taken away because someone just didn't like me in the interview !

I also found not doing the physical has worked, I said my symptoms are random you could hurt me doing this and I'll go home in pain, only my consultant is allowed because she knows. You are in your rights to say no to a physical if u give reason why, and I was kept on the support group! This is for ESA

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