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Advice urgently needed - found fit for work
- smogmonster
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8 years 2 weeks ago #156236 by smogmonster
Advice urgently needed - found fit for work was created by smogmonster
Hello
I am writing on behalf of a friend who was recently declared fit for work following an ESA assessment, despite the fact that she has a number of long standing health conditions such as COPD, fainting fits, osteopenia and severe arthritis and last year was awarded PIP (daily living component standard rate) until 2020. Previously she was in the support group.
She needs to know where to go from here.
She was informed over the phone that her claims for ESA, housing benefit and council tax benefit had been closed and that she would have to make a claim for Jobseekers' Allowance while she awaited her appeal. Although her GP was willing to issue a sick note, she was told this was null and void.
This is clearly a ludicrous decision, and one she expects will be overturned on appeal. However that could be several months away.
In the meantime she is in no state to sign any job search agreement, and fears that this would only prejudice her appeal, and that even if she did, she would only end up being sanctioned as she is too unwell to meet its conditions.
Moreover she also faces the threat of eviction. She is a tenant of a housing association which recently announced it would begin eviction proceedings against tenants who were four weeks in arrears. As she was not told the date her claim was suspended, and has not been paid housing benefit for two weeks, she may be only another two weeks from eviction proceedings.
She needs to know is if there is another benefit she can claim instead of Jobseekers Allowance pending her appeal that would also ensure her housing benefit and council tax benefit is paid.
If she can not claim another benefit apart from ESA, should she make a new claim as her condition has worsened and she can get a 'fit note' from her GP confirming this?
I note the guide mentions that 'a fresh work capability assessment (will be triggered) and you should receive ESA at the assessment phase rate if you meet all the other criteria for an award'. What exactly are these criteria? Or would you recommend that she signs the jobseekers agreement, even though she is clearly unfit to do any work or go for interviews?
This is a matter of great urgency as I am very concerned about the implications should she refuse to sign any Jobseekers agreement.. Besides the effect this is having on her physical and mental health, she also needs to know where she stands legally when she goes into the job centre. This may be sometime this week, even as soon as this morning.
I am reading the current appeals guide but would like any advice I give to be confirmed as I am not expert in this matter.
Any help is much appreciated.
Regards
I am writing on behalf of a friend who was recently declared fit for work following an ESA assessment, despite the fact that she has a number of long standing health conditions such as COPD, fainting fits, osteopenia and severe arthritis and last year was awarded PIP (daily living component standard rate) until 2020. Previously she was in the support group.
She needs to know where to go from here.
She was informed over the phone that her claims for ESA, housing benefit and council tax benefit had been closed and that she would have to make a claim for Jobseekers' Allowance while she awaited her appeal. Although her GP was willing to issue a sick note, she was told this was null and void.
This is clearly a ludicrous decision, and one she expects will be overturned on appeal. However that could be several months away.
In the meantime she is in no state to sign any job search agreement, and fears that this would only prejudice her appeal, and that even if she did, she would only end up being sanctioned as she is too unwell to meet its conditions.
Moreover she also faces the threat of eviction. She is a tenant of a housing association which recently announced it would begin eviction proceedings against tenants who were four weeks in arrears. As she was not told the date her claim was suspended, and has not been paid housing benefit for two weeks, she may be only another two weeks from eviction proceedings.
She needs to know is if there is another benefit she can claim instead of Jobseekers Allowance pending her appeal that would also ensure her housing benefit and council tax benefit is paid.
If she can not claim another benefit apart from ESA, should she make a new claim as her condition has worsened and she can get a 'fit note' from her GP confirming this?
I note the guide mentions that 'a fresh work capability assessment (will be triggered) and you should receive ESA at the assessment phase rate if you meet all the other criteria for an award'. What exactly are these criteria? Or would you recommend that she signs the jobseekers agreement, even though she is clearly unfit to do any work or go for interviews?
This is a matter of great urgency as I am very concerned about the implications should she refuse to sign any Jobseekers agreement.. Besides the effect this is having on her physical and mental health, she also needs to know where she stands legally when she goes into the job centre. This may be sometime this week, even as soon as this morning.
I am reading the current appeals guide but would like any advice I give to be confirmed as I am not expert in this matter.
Any help is much appreciated.
Regards
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- Gordon
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8 years 2 weeks ago #156274 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice urgently needed - found fit for work
smogmonster
Dealing with her receiving benefits now.
Unless she has a child under 5 and she is a lone parent, then there are no other benefits that she can claim at this time.
She cannot make a new claim for ESA and receive payment un less she can show a new condition or a deterioration in her current conditions liable to lead to an award, since the Fit for Work Decision was made.
She can however claim JSA. She should make a claim and once it has been accepted, she can then present a Fit Note and she will be excused any Job Search requirement for up to 13 weeks which should cover her until the Mandatory Reconsideration has completed. She must not present the Fit Note when making the claim for JSA as the claim will be rejected and she will have no access to any money.
She can make a nil income claim for Housing Benefit now, this should then be superseded by her receiving JSA.
If the MR fails and she appeals then she can receive the ESA Assessment rate while she waits for a hearing in place of JSA.
In terms of challenging the Decision
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with her claim, have a look at our ESA Appeal guide for details of the process and template letters that she can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
She should contact the DWP for a copy of the assessment report (ESA85) if she has not already done so, I would phone them but again follow up the request in writing. Once she has the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Her primary task is to show that she still meets the criteria for the Support Group, there are many reasons she may have failed, she needs to address each of these but shouldn't get bogged down in criticising the assessment report unless she can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When she has a better idea of the issues with her claim, come back to the forum and we will do our best to help.
Gordon
Dealing with her receiving benefits now.
Unless she has a child under 5 and she is a lone parent, then there are no other benefits that she can claim at this time.
She cannot make a new claim for ESA and receive payment un less she can show a new condition or a deterioration in her current conditions liable to lead to an award, since the Fit for Work Decision was made.
She can however claim JSA. She should make a claim and once it has been accepted, she can then present a Fit Note and she will be excused any Job Search requirement for up to 13 weeks which should cover her until the Mandatory Reconsideration has completed. She must not present the Fit Note when making the claim for JSA as the claim will be rejected and she will have no access to any money.
She can make a nil income claim for Housing Benefit now, this should then be superseded by her receiving JSA.
If the MR fails and she appeals then she can receive the ESA Assessment rate while she waits for a hearing in place of JSA.
In terms of challenging the Decision
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with her claim, have a look at our ESA Appeal guide for details of the process and template letters that she can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
She should contact the DWP for a copy of the assessment report (ESA85) if she has not already done so, I would phone them but again follow up the request in writing. Once she has the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Her primary task is to show that she still meets the criteria for the Support Group, there are many reasons she may have failed, she needs to address each of these but shouldn't get bogged down in criticising the assessment report unless she can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When she has a better idea of the issues with her claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- smogmonster
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8 years 2 weeks ago #156299 by smogmonster
Replied by smogmonster on topic Advice urgently needed - found fit for work
Hello Gordon
Many thanks for your very comprehensive reply. Unfortunately she went into the job centre this morning and refused to sign any agreement. With a better understanding of her position can she now submit another claim for JSA immediately?
Also if she does make a claim for JSA and submitted a 'fit note' that excused her from any job search requirement for 13 weeks, what exactly would she be obliged to do at the job centre?
Best wishes
Smogmonster
Many thanks for your very comprehensive reply. Unfortunately she went into the job centre this morning and refused to sign any agreement. With a better understanding of her position can she now submit another claim for JSA immediately?
Also if she does make a claim for JSA and submitted a 'fit note' that excused her from any job search requirement for 13 weeks, what exactly would she be obliged to do at the job centre?
Best wishes
Smogmonster
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- Gordon
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8 years 2 weeks ago #156313 by Gordon
All she can do is try!
The Fit Note should excuse her from any activity at the JC+
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice urgently needed - found fit for work
smogmonster wrote: Hello Gordon
Many thanks for your very comprehensive reply. Unfortunately she went into the job centre this morning and refused to sign any agreement. With a better understanding of her position can she now submit another claim for JSA immediately?
Also if she does make a claim for JSA and submitted a 'fit note' that excused her from any job search requirement for 13 weeks, what exactly would she be obliged to do at the job centre?
Best wishes
Smogmonster
All she can do is try!
The Fit Note should excuse her from any activity at the JC+
Gordon
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8 years 1 week ago #156424 by smogmonster
Replied by smogmonster on topic Advice urgently needed - found fit for work
Hello
I was unable to get online yesterday but I was able to speak to my friend.
She tells me she was told by DWP staff that she 'had to' sign a transition form agreeing to come off ESA and transfer to JSA. The form also declared that she was fit for work and would stipulate the kind of work she was able to do.
I can well understand her reluctance to sign. After all she finds herself in a precarious position, and how is she to know that DWP staff are not exploiting her ignorance of her position by trying to force her to sign away whatever rights she has?
However I understand that as things stand she will most likely have to make a claim for JSA. Should she sign the transition form, or is there another that is more suitable for her circumstances? Oddly enough she has already been notified that she has been awarded JSA even though she has not signed any agreement.
I would also like to point out that she had two assessments. The first was terminated by the assessor, after the assessor had repeatedly asked my friend to request a termination of the interview. The first request came even before they went into the interview room, after my friend had been left waiting two hours, and was clearly in pain.
She is very unhappy about her treatment and wishes to make a complaint. However when she contacted the assessment company (I am not sure this one) she was told she had no right to any records of the interview and besides all records have already been erased as the assessment was terminated early.
So my second question is how should she go about making a complaint against the assessors? And are the assessors telling the truth about erasing records?
Sorry if I seem to be splitting hairs, but I need to be double sure of any advice I pass on, especially when dealing with organisations such as the DWP/Maximus/Capita.
Once again, many thanks for your help - it is invaluable.
Best wishes
Smogmonster
I was unable to get online yesterday but I was able to speak to my friend.
She tells me she was told by DWP staff that she 'had to' sign a transition form agreeing to come off ESA and transfer to JSA. The form also declared that she was fit for work and would stipulate the kind of work she was able to do.
I can well understand her reluctance to sign. After all she finds herself in a precarious position, and how is she to know that DWP staff are not exploiting her ignorance of her position by trying to force her to sign away whatever rights she has?
However I understand that as things stand she will most likely have to make a claim for JSA. Should she sign the transition form, or is there another that is more suitable for her circumstances? Oddly enough she has already been notified that she has been awarded JSA even though she has not signed any agreement.
I would also like to point out that she had two assessments. The first was terminated by the assessor, after the assessor had repeatedly asked my friend to request a termination of the interview. The first request came even before they went into the interview room, after my friend had been left waiting two hours, and was clearly in pain.
She is very unhappy about her treatment and wishes to make a complaint. However when she contacted the assessment company (I am not sure this one) she was told she had no right to any records of the interview and besides all records have already been erased as the assessment was terminated early.
So my second question is how should she go about making a complaint against the assessors? And are the assessors telling the truth about erasing records?
Sorry if I seem to be splitting hairs, but I need to be double sure of any advice I pass on, especially when dealing with organisations such as the DWP/Maximus/Capita.
Once again, many thanks for your help - it is invaluable.
Best wishes
Smogmonster
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- Gordon
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8 years 1 week ago #156438 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice urgently needed - found fit for work
smogmonster
We don't advise on JSA so I'm limited on what I can say, but I don't see any reason for her to sign a document agreeing to come off of ESA. As she was found Fit for Work she is no longer on ESA and therefore there is no claim to close.
The following page has contact information for making a complaint about the assessment.
www.chdauk.co.uk/contact-us
Gordon
We don't advise on JSA so I'm limited on what I can say, but I don't see any reason for her to sign a document agreeing to come off of ESA. As she was found Fit for Work she is no longer on ESA and therefore there is no claim to close.
The following page has contact information for making a complaint about the assessment.
www.chdauk.co.uk/contact-us
Gordon
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