Please help

Can anyone help?? Like so many others I am desperately trying to get my head round how a form, assessment and a visit to the job centre can all decide after an accident at work 20yrs ago and taking morphine daily I have been placed in the work group.

At my assessment I was given 18points which I don't understand. I then wrote a very heartfelt letter appealing the decision but was told it had made no difference. It was explained to me that I could take it to a hearing but for me personally this was impossible as on top of my disability I am still recovering from a sexual assault which went to court and the thought of having to go through similar proceedings is out of the question.

I have attended the job centre and they appear to have no idea what to do so are sending me to a charity based company called Peopleplus to look at cv writing and training. Their office is on the 6th floor which worries me and my husband has had to arrange the day off work to come with me.

What can I do to try and make someone understand that I am not a malingerer but any hope of working disappeared 20 years ago?

Hi Sammie and welcome to the forum. On the assumption that you are also new to the site this link should help you find your way around.

Welcome to Benefits and Work

I'm sorry that you are going through this but you are left with few options if you do not want to go to appeal.

The terminology used by DWP is confusing (to say the least!). Having been allocated to the Work Related Activity Group (WRAG) it has been accepted that you are not currently fit for work. You cannot be required to work or look for work. Any work related activity you are asked to do should take into account your medical limitations.

At some stage in the future you will be reassessed (if you wish you can contact DWP and ask when to expect this), if you use our ESA guide you will give yourself the best chance of explaining your problems in language the DWP understand (the Decision Maker is not medically trained).

If your condition worsens meanwhile such that you clearly meet the Support Group criteria, and you can prove this, you can contact DWP and initiate a reassessment yourself. This would involve a new ESA50 to complete and possibly another face2face assessment. As with any assessment, DWP have the option of allocating you to the Support Group, WRAG or finding you fit for work. Although this decision would be appeal-able, you should think carefully before you initiate this.

Are you on Contributory ESA or income related? I ask because contributory ESA is only payable for 365 days.

If you have further questions please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now

Thank you so much for your reply. I am new to the site and the link was a great help. For personal reasons I am unable to appeal so guess I just have to go through this seemingly unfair system.
My appointment on Monday is called "About You" and I wondered if you have any information as to what to expect so I can be better prepared.
I am on contribution based ESA but don't understand what this means. I like to think I am an intelligent person but all of the jargon is too much.

I would hope that the appointment is just to find out a bit about your previous work and your current limitations. The JobCentre advisor will not have access to the information you sent to DWP.

Contributory ESA means that you had paid enough NI in the past to be awarded this without needing a financial assessment. However, it is limited in payment to 365 days if not in the Support Group. After that time your claim will continue and NI credits made towards your State Retirement Pension but you will not be paid - unless you are also entitled to income related ESA. This depends on your assets/income and that of any partner with whom you live. If this partner works 24 hours per week, or more, you would automatically be barred from receiving income related ESA.

12 Month Limit for ESA(CB)

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

during the time that your ESA was not being paid you would not have to undertake further work related activities, interviews etc. Periodic reassessments would take place and payment restart if you were assigned to the Support Group at any stage in the future.

Please let us know if there is anything else we can do to help

So in a nutshell after 365 days if I don't pass the means testing I won't receive any benefit? I was on SDA previously.