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Suffer badly from Mental Health - had ESA Stopped

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6 years 5 months ago #201729 by sam63
Hi Gordon,

I have been given my JSA appointment for this Friday. I am very worried and my anxiety and depression are getting out of hand.

I am going to see my mental health team today to seek help.

I spoke to a friend who also has had huge mental health issues who went to this meeting and he said just tell them how you feel. They will pick it up from your body language and behaviour.

I need to know what am I suppose to say or do at this work coach meeting?

This whole thing now is triggering so many issues and setting my progress back massively. I feel a mess.

Your help is highly appreciated.

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6 years 5 months ago #201732 by sam63
Hi Gordon,

I have received the letter from DWP related to my WCA decision. They gave me total of 0 points.

There are a lot of things that have been interpreted wrongly and not concluded correctly. They have tried to use all the physical side of the meeting as saying I am okay and given me 0 points. Which I am not. When I dod tell them I have issues like IBs which makes me go to the bathroom a lot.

Also, stating they tried to call me on Monday 20th a number of times for further information. When I only had one message from them and they never called again.

There are statements in there which I know are not correctly observed from the meeting.

For example, messages from stangers, meeting new people/places. I rarely go out.

What do I do now? I am even more worried and feeling very scared.

Please help.

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6 years 5 months ago #201752 by Gordon

sam63 wrote: Hi Gordon,

I have been given my JSA appointment for this Friday. I am very worried and my anxiety and depression are getting out of hand.

I am going to see my mental health team today to seek help.

I spoke to a friend who also has had huge mental health issues who went to this meeting and he said just tell them how you feel. They will pick it up from your body language and behaviour.

I need to know what am I suppose to say or do at this work coach meeting?

This whole thing now is triggering so many issues and setting my progress back massively. I feel a mess.

Your help is highly appreciated.


They won't know anything about your health problems, so you will need to talk about these to ensure that you get the lowest Claimant Commitment that you can, but understand your claim for JSA can be refused if they do not think that you will be able to manage a reasonable commitment.

Don't mention that you intend to provide a Fit Note and be prepared to say that you are Fit for Work, saying anything else will result in your JSA claim being refused.

Gordon

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

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6 years 5 months ago #201754 by Gordon

sam63 wrote: Hi Gordon,

I have received the letter from DWP related to my WCA decision. They gave me total of 0 points.

There are a lot of things that have been interpreted wrongly and not concluded correctly. They have tried to use all the physical side of the meeting as saying I am okay and given me 0 points. Which I am not. When I dod tell them I have issues like IBs which makes me go to the bathroom a lot.

Also, stating they tried to call me on Monday 20th a number of times for further information. When I only had one message from them and they never called again.

There are statements in there which I know are not correctly observed from the meeting.

For example, messages from stangers, meeting new people/places. I rarely go out.

What do I do now? I am even more worried and feeling very scared.

Please help.


So you need to go through your ESA50 and make sure that you have shown that you meet the criteria for an award, for example you mention problems with continence, the Descriptors for this are the most complicated of all the ESA activities and has six elements, you must meet all of these to score points.

Address the issues in the report, but only deal with those that lead to points.

Gordon

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

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6 years 4 months ago #201851 by sam63
Hi Gordon,

I went to see my mental health team yesterday who have given me a letter saying i am due for assessment with them (an appointment to be brought forward from next Feb year) and my current mental health issues.

i rang the DWP and told them i will be sending a mandatory reconsideration. My letter is dated 20th Nov but arrived on 22nd Nov. I told her this and she said you have a month but since it arrived on 22nd you can use that as a limit date.

Then she asked if I want to do it over the phone now (tried to coax me). I said no, i will be sending it in in writing.

i will be sending the MR letter to them today as well that I will be submitting it as advised in your guide.

i am due to see the JSA person tomorrow which is really making me very anxiuos and I am worried with panic feelings and fear. I am ill since 2007 (prior to this i was healthy and working) after a breakdown and been in mental health care receiving periods of psychiatric treatment with medication since then including my last ESA meeting in 2012 which was accepted until this week.

my gp has done a letter which I will pick up today for the MR.

i am sorry if im asking you again but what should I say and not say about my health to them. As you said, they will not know about my health.

any help on this will be highly appreciated.

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6 years 4 months ago #201873 by Gordon

sam63 wrote: i am sorry if im asking you again but what should I say and not say about my health to them. As you said, they will not know about my health.

any help on this will be highly appreciated.


I'm sorry but I can't really tell you, you need to explain your problems in sufficient detail so that minimise any Claimant Commitment that you are asked to sign, but not so much that they come to the conclusion that you cannot fulfil any Commitment and refuse the claim.

You must explicitly state that you are Fit for Work, if you suggest otherwise then then claim will be refused.

Gordon

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

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