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complex claim unfair handling need advice
- Tina
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1 year 3 months ago #282817 by Tina
complex claim unfair handling need advice was created by Tina
hi i really could do with some clear advice as my claim has become very messy and confusing and over the years has been unfairly engineered by dwp to witholding me to be put in the support group that i know i should be entitled to be placed within. i had been recieving ESA from 2013 and initially put in LCW but where i had to prepare to work in future. I was not offered any work coach or request to attend such courses ie. writing cv, attending interviews etc however i did enroll myself for this via community hub. when my claim renewal was due and new medical assessment i was not awarded LCW but was reinstated upon MR. Again no actual coach assigned, no appointments to support WRA and left to accept minimal income. 2017 and Again came another expiry at which point i was denied lcw refused decision change on MR so went to tribunal appeal which was a detrimental impact financially mentally very stressful and finding work commitments attributing ontop of my condition mental health state of PTSD anxiety etc i suffering. I won tribunal appeal judge concluding i should never have been refused the entitled benefit due to the trauma circomstances that initially leading to my mental health condition and current status. I was then reinstated in LCW with rwa for a mere 12mth again at that point i new was unfair but did not have mental strength to dispute group and was just grateful to LCW removing all the pressure of commitments frm the tempotaty JCA i was placed upon. During this time now 2019 my child was medixally diagnosed by a peadiactric neurolgist of his disabilities and so advised to apply for child DLA, again even this was a battle and with CAB help the decision from no benefit reward was overtuned to middle rate awarded, even that did not make sense to me however knowing that helped me and my child financially gave some strength to the whole siruation. heres where it then gets handled badly. from notification to child dla eligikability i informed dwp of my hosehold income change which this somehow knockon effected my housing benefit and wrongly advised to apply for uc. i submitted the uc claim still with the current LCW in place however then realised i was now recieving less money for that move. when queried (all evidented in my online uc journal) i was told that as my lcw assessment was due for renewal within 2moths and a request had been actioned for new assessment therefore when this had been done anything owed would be backdated dependant the outcome. Then came covid. for months i was constantly contacting for updates regarding the assessment as the one had now expired and outstanding. There was times weeks had gone by with no responce to my queries, prompting them for updates, expressing my frustration and stress they was continually impacting upon me and with covid aswell my condition was worsening, eventually i vented and complained of their treatment and had a call from DWP person whom only then told me that my previous assessment was auto extended for 2yrs due to covid and submitted a change of condition worsening as advised this be quickest way to recieve a new assessment for consideration to be put in the support group and that i had to submit gp sick notes from that day up until i recieve notice to attend a medical assessment. That was May 2021. Again nothing happened and contacted many times regarding that. dwp switched goal post so many times basically telling me to get gp to write a statement of how my codition affects me. GP charged £30 to write letters which i did not have spare so i said i was not able afford tp pay for a letter when fact i still submitted sicknotes that should be sufficient to show my GP supports i was not fit for work on top of being in LCW group i was already in. This was constantly thrown back on me until June 2023 when i journalled that not only was the 2+yr extention now expired but also submitted sicknotes for 2yrs for seeking support group dur to condition worsening. Suprisingly (not) they responded with an apology that this had been overlooed or missed and would request the action. i recieved a medical questionairre form within 1wk and asked for face to face appointemnt so i could properly get across my current mental health condition and have difficulty expressing things esp over the telephone. i recieved a letter for a telephone assessment within the following 2wks. I had put my new telephne number on the questionairre form although the appointment letter advising telephone assessment shown my old telephone number as the contact number they would have obviously phoned. Luckily i managed to correct their mistakes again and recieved a new appointment for face to face. My sister attended with me to support me and we both felt for 1st time ever i was listened to and clearly the assor which was a physiotherapist empathised with the reponses of how my condition effects me and how i still affected by the trauma. It took 3wks from appointment to recieve outcome which was accepted as LCW but was not clear to the actual group i was placed in. upon query to advice explanation along with copy of report via my online journal it turns out they have aknowledged i have lcw but in rwa group BUT that i do not have to seek work or actively see work coach about wra due to the fact i am also in a caring role due to carers element i recieve for my disabled child????? im just at a loss with it all and what to do from here on as i do not have any proper support in place or around me apart from my sister to make a stand on this treatment. all the sicknotes for 2yrs waste of time all the stress over 3yrs of requesting a new assessment waste of time, no backpayments recieved as not been put in support group that i clearly need to be in plus i also do not recieve the extra £146.00 for even being in the rwa group as it was 2018 i applied uc even though i was already on a LCW period prior that change. i obviously need to get a MR submitted but just not sure what else to say that is gonna help decision be properly assessed.?? im mentally drained by the lot of it but cannot afford to just let it go this time round. hope this makes some sense to someone as it is so confusing to even explain.
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- Gordon
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1 year 3 months ago #282823 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic complex claim unfair handling need advice
T
First a request, please think about paragraph breaks in your text, it was a tough read.
Let's start off simply, you say you should be in the Support Group, why? Which of the SG Descriptors do you think you meet?
Gordon
First a request, please think about paragraph breaks in your text, it was a tough read.
Let's start off simply, you say you should be in the Support Group, why? Which of the SG Descriptors do you think you meet?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tina
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1 year 3 months ago #282824 by Tina
Replied by Tina on topic complex claim unfair handling need advice
Hi Gordon, thank you for your reply. Sorry for confusion, it took me a lot mentally to even type all of that and keep short as possible.
SG Descriptor for substantial mental health risk. The assor states in the report i have mental health problems. She recorded mostly about my difficulties in society, social anxiety.,communicating with people, going places etc she states that overall significant functional disability is likely with going out and social interaction, however no significant disability is likely with any other mental health areas.
I suffer with PTSD and the social anxiety is a condition derived from PTSD triggering a fight or flight fear i have lived with these last 11 yrs.
Prognosis: i advise the client be re-referred in 18mths.
reason for opinion: The available evidence suggest review in the medium term.
With medical input and support her overall mental state and function may improve in the medium term.
SG Descriptor for substantial mental health risk. The assor states in the report i have mental health problems. She recorded mostly about my difficulties in society, social anxiety.,communicating with people, going places etc she states that overall significant functional disability is likely with going out and social interaction, however no significant disability is likely with any other mental health areas.
I suffer with PTSD and the social anxiety is a condition derived from PTSD triggering a fight or flight fear i have lived with these last 11 yrs.
Prognosis: i advise the client be re-referred in 18mths.
reason for opinion: The available evidence suggest review in the medium term.
With medical input and support her overall mental state and function may improve in the medium term.
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- Gordon
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1 year 3 months ago #282833 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic complex claim unfair handling need advice
T
The Exceptional Circumstances Regulations are some of the most difficult criteria for ESA.
So, you will need to show that your carrying out Work Related Activity would pose a risk to your health or the health of another person.
There is a list of Work Related Activities in the ESA/UC claim guide.
Be aware, WRA does not include you actually working, this is already covered by your WRAG/LCW status.
Gordon
The Exceptional Circumstances Regulations are some of the most difficult criteria for ESA.
So, you will need to show that your carrying out Work Related Activity would pose a risk to your health or the health of another person.
There is a list of Work Related Activities in the ESA/UC claim guide.
Be aware, WRA does not include you actually working, this is already covered by your WRAG/LCW status.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 3 months ago #282839 by Tina
Replied by Tina on topic complex claim unfair handling need advice
thank you
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1 year 3 months ago #282840 by Tina
Replied by Tina on topic complex claim unfair handling need advice
Sorry Gordon i do not understand the benefit system but if they are stating i have LWC but not eligible for support group therefore i am to partake in WRA, how can i appeal on potential rick to my mental health condition if in the next breath they state the following: The medical assessment deems you as unfit for certain types of work. This means you would be expected to look or apply for employment during the time frame mentioned in the letter. But as you are a full time carer you are not expected to look for employment anyway.
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