Problem with ESA and work related interview.

I’m having trouble with my ESA. I have depression, anxiety and Asperger’s and I’ve been on ESA for 18 months now having had a medical and initial job centre interview in early 2012. At the two job centre interviews in 2012 I was told that all I needed to do was go there every six months and that I wouldn’t have to go to work focused interviews until I was ready to. I didn’t find a problem with that as it would be up to me when/if I felt up to going. Things changed with my last interview in July. This person just said straight out that I was going to be referred to the work focused interview and that I would have to have a meeting about that in two weeks to be referred to a job agency. This is a change to what I’d previously been told and I find that a scary thing. From what I’ve heard the agency are paid more to get people declared fit for work and I’d be terrified of that happening. Going to the job centre is stressful enough for me, so much so that at the second interview I was told I could have future meetings by phone. In my initial letter it states that work focussed interviews can be deferred but I wasn’t offered that option this time. The bloke I spoke to said if I didn’t want to attend I’d have to appeal the decision... but it’s been 18 months and as far as I can see you can only appeal in the first month.

I also recently got a statement of reasons and found that at least one point I believe I wrote on the form hasn’t been taken down on the list. This is derealisation, something that causes me a lot of problems relating to the world and that increases at times of stress, such as this situation. Do they even use the form to make their decision or is it all on the “medical” interview.
Could this omission be considered a change of condition? I’ve always had it and I think I referred to it on the form but I didn’t keep my own copy and can’t remember.

I’ve rung many people, visited the CAB but no one knows much about ESA and can’t give me any advice. I’m hoping I’ve finally come to the right place!

Christina wrote: I’m having trouble with my ESA. I have depression, anxiety and Asperger’s and I’ve been on ESA for 18 months now having had a medical and initial job centre interview in early 2012. At the two job centre interviews in 2012 I was told that all I needed to do was go there every six months and that I wouldn’t have to go to work focused interviews until I was ready to. I didn’t find a problem with that as it would be up to me when/if I felt up to going. Things changed with my last interview in July. This person just said straight out that I was going to be referred to the work focused interview and that I would have to have a meeting about that in two weeks to be referred to a job agency. This is a change to what I’d previously been told and I find that a scary thing. From what I’ve heard the agency are paid more to get people declared fit for work and I’d be terrified of that happening. Going to the job centre is stressful enough for me, so much so that at the second interview I was told I could have future meetings by phone. In my initial letter it states that work focussed interviews can be deferred but I wasn’t offered that option this time. The bloke I spoke to said if I didn’t want to attend I’d have to appeal the decision... but it’s been 18 months and as far as I can see you can only appeal in the first month.

I also recently got a statement of reasons and found that at least one point I believe I wrote on the form hasn’t been taken down on the list. This is derealisation, something that causes me a lot of problems relating to the world and that increases at times of stress, such as this situation. Do they even use the form to make their decision or is it all on the “medical” interview.
Could this omission be considered a change of condition? I’ve always had it and I think I referred to it on the form but I didn’t keep my own copy and can’t remember.

I’ve rung many people, visited the CAB but no one knows much about ESA and can’t give me any advice. I’m hoping I’ve finally come to the right place!

Hi C,

Welcome to Benefits and Work

As the WRAG award was made 18 months ago, it will not be possible to appeal that decision. 13 months is the absolute maximum period for a late appeal.

If your medical conditions have deteriorated or you now suffer from new medical conditions since the time of the WRAG award, and due to this you now qualify for the SG, you can request a supersession/review.

You would need to provide evidence of the above.

You would need to write to The DWP to request a supersession/review.

Sending Documents to the DWP or ATOS

This will instigate a fresh WCA which may involve a face to face, you will be sent a new ESA50 to fill in.

Have a look at : Qualifying for the Support Group From our : ESA FAQ’s

As with any Change of Circumstances, there is some risk involved:

Is there any risk to challenging a decision?

You can also have a look at the guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

Although you are compelled under threat of sanction to take part in WFI's or WRA, they are supposed to take any limitations that you suffer into account, and make reasonable adjustments where necessary.

You cannot be forced to actively seek or take up employment.


Work Focused Interviews

The Work Programme

Changes to ESA Sanctions

ESA Sanction Changes 03/12/12

&

www.dwp.gov.uk/docs/work-programme-memo-082.pdf

Please reply to this topic if you have any further queries.

bro58

I don't think some of medical condition has changed but it's just that they haven't recorded the information correctly. There are other parts which have got worse.

I think the DWP are calling tomorrow so can I ask them by phone to request a supersession/review or is it something that has to be done by post?

Thanks for all the help. No one I've dealt with has any idea what's going on!

Christina wrote: I don't think some of medical condition has changed but it's just that they haven't recorded the information correctly. There are other parts which have got worse.

I think the DWP are calling tomorrow so can I ask them by phone to request a supersession/review or is it something that has to be done by post?

Thanks for all the help. No one I've dealt with has any idea what's going on!

Hi C,

As I have said any discrepancies from the previous WCA/WRAG award, are too late to challenge.

If your conditions have worsened, you can request a supersession.

You could mention this on the phone, but it would be advisable to make a formal written request for a supersession/review, to the Benefits Office that pays your ESA.

I would be very wary of information obtained over the phone, as it is often misleading and incorrect.

I have been reading recently that may claimants are incorrectly being advised to appeal WRAG awards by JCP Advisers, when it is too late to do so.

In the main JCP Advisers or Works Programme Providers have very limited knowledge of ESA Legislation.

Have a look at this rightnet thread on this very subject :

www.rightsnet.org.uk/forums/viewthread/5100/

bro58

Hi C,

Just to confirm that 13 months is the absolute maximum period allowed for a late appeal, see this extract :

" If you think our decision is wrong :

What happens if my appeal is late?

If you weren’t able to appeal within one month, you should explain the reasons why when you do appeal.

If you appeal between one month and 13 months of the date on the decision letter, an Appeals Officer from the Department for Work and Pensions will first consider whether your appeal has been made in time, that is, treated as if it was made within the one month of the date of the decision you are appealing against.

If the Appeals Officer objects, (they may do so if they think you do not have good reasons for appealing outside the one month period) they will refer the case to Her Majesty’s Courts and Tribunal Service (HMCTS).

The Tribunal will decide if your appeal can be accepted as being “in time” or if it is too late to be heard. If the Tribunal accept your appeal it will be processed by the DWP for hearing by HMCTS.

In all circumstances, the final time limit for making an appeal is 13 months after the date on the decision letter."

From page 10 of The GL24 Appeals Form which can be downloaded from the link below :

GL24 Form

bro58

Thanks very much. I'll request a supersession tomorrow.