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TOPIC: Not coping very well, really need some help

Not coping very well, really need some help 1 month 3 weeks ago #170865

How long is it since your last ESA assessment?

My JA says 2 years but my last time I had a face to face assessment was well beyond that I'm sure.
Please try not to get sidelined by someone you know who is in the Support Group who you feel is more able than you. The Support Group descriptors are very specific

I've checked the descriptors and quite a bit of the guide, it's so massive I'd been avoiding it...I definitely fit and it's actually really helpful to know which particular parts to focus on as my doctor wanted some input.
MR, change of circumstances or wait for your next reassessment.

I'll go ahead with the change of circumstances - is there a form for this or should I just send in a letter along with my evidence (sorry I checked on the .gov site but it's unclear).
The administrator has disabled public write access.

Not coping very well, really need some help 1 month 3 weeks ago #170877

  • Gordon
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Blu wrote:
How long is it since your last ESA assessment?

My JA says 2 years but my last time I had a face to face assessment was well beyond that I'm sure.
Please try not to get sidelined by someone you know who is in the Support Group who you feel is more able than you. The Support Group descriptors are very specific

I've checked the descriptors and quite a bit of the guide, it's so massive I'd been avoiding it...I definitely fit and it's actually really helpful to know which particular parts to focus on as my doctor wanted some input.
MR, change of circumstances or wait for your next reassessment.

I'll go ahead with the change of circumstances - is there a form for this or should I just send in a letter along with my evidence (sorry I checked on the .gov site but it's unclear).

If it is two years since you were last assessed then you are out of time to request an MR or appeal.

Be very careful of the SG Descriptors, most have multiple elements, all of which must be met in order for you to meet the requirement.

A letter to the DWP office that manages your WCA claim, this is not your local JC+, notifying them of a Change of Circumstances and asking to be reassessed.

Don't send any evidence at this time, they will ask for it if they need it but the usual procedure is for you to be sent a new ESA50, you will need to complete this in detail as if it is a new claim. You are almost certainly going to be asked to attend a face to face assessment.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: Mrs Hurtyback, Blu

Not coping very well, really need some help 1 week 4 days ago #175115

I called up earlier this morning to inform the my adviser that I was unable to attend my appointment and was told my benefit would be suspended immediately if I didn't turn up. When I asked how long it was last for/how does that work etc.? she said until next year. This adviser is not my usual, I've never met or spoken to her, when I asked why it would it be so long she told there were no more appointments for the year. She insisted I come in. I knew I could get sanctioned but was still in a bit of shock and asked if I could call her back in a little while.

There was no way I could manage to get to the appointment regardless of the suspension; I managed to eventually get hold of her again, just before my appointment, to confirm that I wouldn't be attending and get some more information on the suspension. She completely changed her story. Her tone was entirely different and she agreed to rebook the appointment for next month. Initially she was very hostile, kept cutting me off.... I had tried explaining to her that some of the times over the last year where my appointment had been rebooked it was due to my other adviser canceling the appointment, but she wouldn't listen.

Was that all just done to intimidate me into attending the appointment?

She did say my benefit could still be suspended but was no longer stating it as definite. I asked her when would I know/how would they let me know, she said they wouldn't I just wouldn't paid. Is that really how it works?
The administrator has disabled public write access.

Not coping very well, really need some help 1 week 3 days ago #175148

  • Gordon
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Blu

Frankly the advisor was pushing it.

Whilst they can recommend a sanction, one can only be applied by a DWP Decision Maker. The activity must have been mandatory and the fact that it was mandatory had to have been communicated in writing, even then your participation or attendance must have been reasonable on the day.

Sanctions must be communicated to the claimant in writing and carry a right of appeal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: Blu

Not coping very well, really need some help 2 days 18 hours ago #176004

I was unable to go the follow up appointment for the same reason as before and called up again in advance. My adviser said my claim would be suspended immediately if I failed to attend. The suspension would remain until I came in to the jobcentre and there would be no more appointments booked for me until then (I wouldn't get a letter or any further details about it).

I called the main ESA line and was informed that my claim has actually been closed as per a request from the jobcentre for being non compliant. When I asked what I could do he said I could: 1.go into the jobcentre, 2. submit a new claim for jobseekers or esa, 3. appeal the decision.

When I requested details to appeal he initially said he could send out the letter but there wasn't one on the system. Apparently there is no explanation for why it's been closed (I can only guess he means no detailed explanation) and so he arranged for someone to call me back within the next 24 hours to give me a "verbal explanation".

The details on my last appointment (which I missed) stated the following:

Please make sure you coming to this meeting.

It's important.

If you don't attend and take part and you don't have a good reason your Employment and Support Allowance will be reduced.

If you don't attend and take part in this meeting - we will contact you to ask you for a reason. You could lose some of your payment if we decide you didn't have a good enough reason. We call this a sanction.


I've never been sanctioned before but this is definitely not a sanction, it's definitely been closed. Could I please get some advice?
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Not coping very well, really need some help 2 days 16 hours ago #176026

  • Gordon
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  • Forum Moderator
Blu

Failing to participate in WRAG activities cannot lead to your claim being closed, sanctions can only suspend payment of the Personal Allowance.

A Decision to close your claim must be communicated in writing to you with an explanation of the Decision.

Without further information we cannot offer advice as anything would be a guess.

You need to contact the DWP again for an explanation of the Decision to close your claim, filing that they should supply you with a Decision letter. If necessary ask to speak to a manager although this will usually require a call back.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: Blu
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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