Advise please

Hi...first time on forum ,new member ..........

Currently receiving Esa with a Pip award till June this year .....Diagnosed with Post Traumatic stress in 2013 .....after a serious armed robbery at work (guns involved )
Recovered from that returned to work after retraining etc new job ...career opertunities ...to get caught up in a attempted very serious Terrorist attack ...(Glasgow Airport attack) took years to get a Diagnosis after 21 sessions with a Pycolighst ...I am currently in talking therapy and have attended that once a week for almost two years ......I am now being pestered by a job advisor to make steps to get back to work as I didn't,t make it into the support group .............seems a bit ironic as I already had 2 perfectly good jobs and am in this position through no fault of my own .......I,m a 55yrs old female who has worked since leaving school and paid into the system ..........anybody any advise on how to get these people to let me recover and stop making things worse for me ?

Hi Jules and welcome to the site, this link should help you find your way around.

Welcome to Benefits and Work

I'm afraid that 'Work Related Activities' are mandatory unless you are in the Support Group. Failure to do so runs the risk of your benefit being sanctioned.

ESA Sanctions

However, the advisor should take your limitations into account - this includes making 'reasonable adjustments' . It is possible to have 'work Focussed Interviews' undertaken over the phone or even in your own home (although I have never heard of anyone who has had these in their own home) but these are 100% at the discretion of the advisor, the claimant cannot insist on this.

If it is less than 13 months since the decision to allocate you to the work related group (WRAG) was made, you can ask DWP to look at the decision again (it is called Mandatory Reconsideration). You would have to show good reason for the late request and also fit at least one of the Support Group criteria.

Qualifying for the Support Group

ESA mandatory reconsiderations and appeals

Alternatively, if you can show that your condition has deteriorated since the decision, such that you now meet the Support Group criteria, you can ask DWP to reassess you. This would involve filling in a new ESA50 from and possibly a face2face assessment.

If you are in receipt of contributory ESA, payment will cease after 365 days of benefit, unless you meet the conditions for income-related ESA, and would only resume if you were allocated to the Support Group at a future assessment.

How often will I be reviewed

12 Month Limit for ESA(CB)

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Currently receiving PIP till June this year ,, Is it possible to carry on claiming for PIP .......and not renew my claim for ESA when it,s due ... I would be prepared to loose the ESA payment and claim PIP on it,s own if that would stop them from harassing me ......... I am in reciept of industrial Injuries Benefit ( lowest payment of £30 which gets deducted from my ESA every week ) I could survive on PIP and IIB This way I might get a sleep at night !

Jules2030 wrote: Currently receiving PIP till June this year ,, Is it possible to carry on claiming for PIP .......and not renew my claim for ESA when it,s due ... I would be prepared to loose the ESA payment and claim PIP on it,s own if that would stop them from harassing me ......... I am in reciept of industrial Injuries Benefit ( lowest payment of £30 which gets deducted from my ESA every week ) I could survive on PIP and IIB This way I might get a sleep at night !

Hi J2030,

As PIP and ESA are totally separate benefits with separate qualifying criteria, you can close your ESA claim and still claim PIP and IIDB.

You should think about this carefully before doing so, and take account of the NI Credits which go towards your State Pension whilst you have a live ESA claim.

Also, if you are entitled to CB ESA payments only, and cannot pass the means test for payment of IR ESA, closing your claim may mean that you may never have entitlement to payment of ESA again.

My best advice would be to gain face to face advice, and if you are to close your ESA claim, do so formally in writing rather than just letting it lapse.

Sending Documents to the DWP, ATOS, Capita or Maximus.

bro58

Closing your ESA claim would not stop the PIP reassessment - which you should expect to arrive 1 year before the end date!