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Suffer badly from Mental Health - had ESA Stopped

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6 years 4 months ago #202421 by Gordon
Sam

There's no need to mention your JSA claim, it is not relevant to your MR.

Mention the decline in your health but you need to be aware that they cannot consider any change in your conditions since the Decision was made.

Gordon

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6 years 1 month ago #208713 by sam63
Hi Gordon,

I have been away dealing with many issues since my last contact.

I had my MR accepted in December but they put me in the WRAG and said would review it after 12 months. So, at this point, it was just a relief - so many thanks for your help at that point.

I was told on the MR Notice that I would get an award letter. Which I waited and waited for. At this point I was still on the JSA with fit notes.

But nothing happened until I contacted them causing me a lot of distress and anxiety. Only then did they actually send me the letter and move me from JSA to ESA. I was told I should've contacted them.

Then they still had not added my housing element of support to the payment. Which again I had to contact them for nearly two weeks. Until they did. A lot of stress.

I also had medical appointments and started to attend my weekly psychiatric and therapy sessions. Also, did not know what to do next and was sent a letter for my first WRAG meeting.

Having huge worry about the process of an appeal and going to court - of which I have had traumatic issues in the past. I thought to wait to see the Work Coach and show him evidence of all of my recent medical assessments and change in medication now on 100mg new antidepressants - doctor saw the decline in my health.

The first appointment was clashing with my psychiatric session, so they moved the WRAG appointment to 9th March.

I was escorted by my friend (she) as I was in no state to go alone suffering from huge anxiety and fear. We presented the latest documents and statement of health to him. He read it and said it was very useful and said he was not going to put any pressure on me related to work and the word 'work' should not be thought of.

My friend spoke to the coach, called Terry, and said I should be in the support group because this was adding so much pressure to my ill-health which has deteriorated. He said he could not do anything, it was not his decision, and recommended we should send all the documents shown to him to the ESA office for reconsideration. He said call the ESA number and tell them you are going to do this.

I found the meeting very very hard, difficult and could not cope with panic I was feeling. He saw that but still insisted I must try and come to the appointments.

This since has all lead to more impact on my mental health, depression and a feeling of despair and hopelessness.

I also gave him another fit note my doctor gave for the meeting which goes on until May 2018. He took a copy but not a copy of my documents. He said he would not see me until May and to get the documents sent.

Upon our return, we called the ESA line and the lady was confused why he did not scan the documents and forward them. She said send them in for reconsideration and we will get you back into the support group.

So, after gathering all the documents and getting a local charity worker to fill in the MR form, everything was scanned and sent to them at a job centre on 16th March at 3pm.

At 6.30pm, I got a call saying they cannot accept another MR and that it would not be looked at. The lady was very abrupt and firm, she said you must appeal - look at the back of the MR Notice letter sent to you in December.

This sent me off into a frenzy and panic. I did not know what to say or do. I told her I sent the documents because the Work Coach said. She said I'm sorry her does not know the procedure. You have to send in all the documents as part of your appeal. We will not consider this new request for moving you back to the support group unless you appeal. She said go to Citizens Advice Bureau in Birmingham (which is where I live) for help.

I'm now feeling numb, lost and very worried about what or how to do the appeal.

As I have so much to deal with due to my new medication which is giving me side-effects, weekly appointments for therapy and now all this. My suicidal thoughts are back as I am lost, not knowing who to turn to or what to do. I just think what is the point - I feel so drained and tired of all this. I feel very alone and desperate for help.

Please can you help me with the appeal to move me back into the support group. I do not know what else or who else to ask. I just want to get my mental health treatments without all this pressure of WRAG etc.

All of this has put me back so much.

I hope to hear from you and thank you for reading.

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6 years 1 month ago #208755 by Gordon
Sam

All Decisions must be notified in writing to the claimant so if you have still not had one for your WRAG award then chase the DWP.

You need to make a decision on whether to appeal or to request a reassessment.

Basically the appeal can only take into account your problems as they were at the time that the original Decision was made, this is the date that you were found Fit for Work not when you were placed in the WRAG.

So if your conditions have worsened significantly since then then you may be better of asking to be reassessed.

The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guide to see how you might show this is the case.

If you decide to go for reassessment then write to the DWP office dealing with your claim notifying them of a worsening in your conditions, if you can, send it by tracked post so you have proof of delivery. Be aware that this will result in a full reassessment of your claim, new ESA50 and almost certainly a face to face assessment.

Gordon

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

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6 years 1 month ago #208765 by sam63
Hi Gordon,

Thanks for your reply.

When I spoke to the DWP woman on Friday, she said look at the back of the letter with the decision to put me into the WRAG on December 14 and to appeal against that decision?

Can you please clarify that this is the case?

Thanks

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6 years 1 month ago #208789 by Gordon
Sam

Yes you would be appealing against the Decision to place you in the WRAG, but your limitations will be taken from the date that you were assessed, however many weeks that was before this.

Gordon

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

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6 years 1 month ago #208843 by sam63
Hi Gordon,

After your points, I am now looking at both options. But am finding it very difficult due to my ill health to decide.

I understand the appeal route and realise that they will not take any of my further deterioration into account so all the drastic changes to my condition due to the WRAG and months before will not be considered.

Speaking to a friend, who did go with me to the last one, he said to go for the reassessment because you are in a very bad way now after all this. And also you now know what is involved.

I have a medical review with my consultant in April. So, I can request a letter from him too.

So, I want to know more about how the reassessment works please. Are there cases you have dealt with for these? What do I need to do, how do I need to prepare for it.

I am currently in panic mode and feel at a complete loss not knowing what I should do.

I am sorry about this Gordon, if this sounds all basic, but I just need guidance on this as I feel all this is a lot and the last few months have really taken me so many steps back after the years of treatment.

I need help please. I have no one else to turn to.

Thanks for your help to date.

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