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From DLA to PIP and now WSA WRAG HELP!

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7 years 7 months ago #169288 by Andyboyo
From DLA to PIP and now WSA WRAG HELP! was created by Andyboyo
Hello to everyone

In May of this year I was transferred from DLA to PIP with a favorable outcome following a PIP assessment by Atos, the result of the PIP assessment awarded me the Enhanced rate daily living component and the standard rate mobility component which was better than I had previously been awarded under DLA.

Within a few weeks of being transferred from DLA to PIP my huge sense of relief and calm was shattered on receipt of receiving an ESA50 form to re-apply for my ESA benefit.

I took my time filling in the ESA50 form and made extensive use of the guides here on the website and submitted the form along with various letters and documents most of which I had used for my recent DLA to PIP claim.

I soon received a letter requesting I attend a face to face assessment with a medical professional which took place a couple of weeks ago and I am now waiting to receive the decision of this in the mail.

Today 26th September I received a letter from Job Centre Plus to tell me that an appointment has been setup for me with my work coach! Incidentally I am not aware I have a work coach let alone need one!

I was shocked and shaken by this letter which was a bolt out of the blue especially as I was still waiting for the decision from my ESA50 assessment. I phoned the job center and was advised I had been taken out of the support group and placed into the work related activity group and my letter confirming this was probably in the post.

I am devastated by today's events and feel in total turmoil at the prospect of being placed in the WRAG.

I suffer with chronic anxiety, depression and Meniere's disease so the prospect of attending Job Center appointments and possible work related activities is difficult and for a large percentage of the time impossible. With Meniere's disease I get rotary dizzy attacks that occur with little or no warning and they last for upto 48 hours. I suffer with panic attacks and fear going out and attending strange places which is made worse by the additional fear of having rotary Meniere's attacks.

I find it impossible to plan things ahead and reliably keep to appointments so fear sanctions on my benefit and possibly loosing them.

I put what I thought was a good and strong case forward when I submitted my ESA50 form and evidence, I felt confident I would remain in the ESA support group having put a very similar case forward for my DLA to PIP claim which turned out in my favor.

I previously got put into the support group after an appeal at the Tribunals Services Court which was won on the grounds that rule 29 should be applied along with regulation 35. I found the whole appeal procedure a strain which made my anxiety and depression worse so the thought of going through it all again makes me feel like giving up.

Rule 29 and regulation 35 are meaningless terms to me and I wonder if those still apply to ESA claims today? I mention this as my condition has not improved but got worse which is evident by the increased dosage I take with 2 of my medications plus the addition of a further medication I now take daily. When filling in the ESA50 claim form I did explain that I was currently in the support group as a result of Rule 29 & Reg 35 being applied but this either had no impact or went unread.

At the beginning of my ESA face to face assessment I was informed that various questions would be asked about my conditions, the assessor then acknowledge receipt of my additional papers and evidence but went on to say she had not looked at those as there was insufficient time to look at such documentation, this concerns me as I consider the documents I provided both evidence and a good account of my health conditions and how they affect me on a day to day basis.

As of today I have asked for a mandatory reconsideration which was requested over the telephone but wonder if I should put this in writing and not rely on the telephone adviser to process this.

It is at this point I feel lost, hopeless and bewildered and I can only hope that a member of the website/forum can offer me some useful advice or help before I finally throw the towel in.

Thank you for reading my message and I express my thanks and gratitude to anyone who can offer any suggestions or help as to what I should say, do or write in order to have any hope of getting out of what feels like a hell hole.

Andyboyo

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7 years 7 months ago #169297 by Gordon
Replied by Gordon on topic From DLA to PIP and now WSA WRAG HELP!
Ash

Dealing with the WRAG placement first.

Unfortunately, if you are in now in the WRAG you are required to attend WFIs and participate in Work Related Activity at risk of you having your benefit payments sanctioned. I am assuming you will struggle to attend so you need to contact your JC+ advisor about your situation, they will have no knowledge of your health conditions, explain why you cannot attend but offer to do the WFI over the phone.

Regulations 29 and 35 are called the Exceptional Circumstances Regs., unlike the other ESA Descriptors where a claimant can, at least in principle, make use of previous evidence that they met the criteria previously, with the EC's you must provide up to date evidence that you still meet the requirement.

The other issue, is that the EC's are only considered if the claimant does not meet any of the other ESA Descriptors., which from your post, the Tribunal confirmed.

So to summarise you appear to be left needing to meet very specific criteria with up to date evidence.

I would start by having a look at the ESA Claim guides, you want the section labelled "Should you be in the support group because of substantial risk?". this will explain the requirement in more detail.

If you did not provide any evidence of the risk of harm to due to your being In the WRAG then you should speak to your GP about it, they may be able to provide the information you need.

If you think that you meet the criteria for any of the normal ESA Descriptors or you have further questions then post back and we will make try and explain the criteria in more detail.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 7 months ago #169302 by Andyboyo
Replied by Andyboyo on topic From DLA to PIP and now WSA WRAG HELP!
Gordon

Thank you for reply which at least gives me some pointers to both read and consider.

It is highly unlikely I will be able to attend or participate in Job Center work related activities and interviews and I will attempt to get a letter off my doctor to back this up and I will send this along with a cover letter to the Job Center.

If I get a letter from my doctors stating I am not fit and up-to attending the actual Job Center can I refuse going and insist on a telephone interview or is that at the discretion of the so called work coach?

If I should end up getting sanctioned on my ESA WRAG benefit will this also affect my PIP benefit and could I loose both in the long term if I continue to get sanctioned?

My PIP has been awarded for 5 years to be reviewed in 4.

Thank you again.

Andyboyo

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7 years 7 months ago #169305 by Gordon
Replied by Gordon on topic From DLA to PIP and now WSA WRAG HELP!
Ash

Your GP saying you are unfit for work will be of no value, this is already accepted, you need him to explain specifically why you cannot attend and what harm to you might result if you did.

Telephone contact is at the discretion of your JC+ advisor, be aware that they are not medically trained and have no access to your ESA50 or related documentation, so you will need to explain your issues in terms that they can understand.

If you are sanctioned then it will be for the Personal Allowance of ESA, currently £71.40 that will be stopped, your being sanctioned for ESA will have not impact on your PIP claim. Sanctions do not effect your entitlement to ESA, just payments.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 7 months ago #169315 by Andyboyo
Replied by Andyboyo on topic From DLA to PIP and now WSA WRAG HELP!
Gordon

Thanks for the reply and information it is reassuring to learn that possible sanctions on my ESA wont impact my PIP award.

Thank you

Andyboyo

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