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ESA - been placed in WRAG, not sure if happy...

  • phild
  • Topic Author
12 years 6 months ago #70850 by phild
Currently on DLA higher rate care (due to mental health issue) and lower rate mobility (due to physical issue).

Had to apply for ESA as I was on income support and they told me that I had to.

Anyway, filled the form in, sent it off about 5 weeks ago and today I got a phone call from the DWP.

I've been granted ESA in the Work Related Activity Group, without having to have a medical.

While it's good that I didn't have to go for a medical and that I've been awarded *something*, I was expecting, considering my condition and the medical evidence presented that I'd be in the Support group.

Putting it mildly and lucidly, I'm not going to be able to cope with going to these job centre interviews 'aimed at getting me back in the workplace' (I'm not really sure of what they will involve) - but on the other hand, the appeals process is likely going to knock me sideways, mental health wise.

I haven't had a letter yet (this was all over the phone - didn't want to say much... paranoia...), and I'd like to have a read of that and see what it says in black and white before I decide what to do next. Kinda wish that they'd just sent me the letter instead of phoning me (I did say on the form that I find phone calls distressing, but they didn't listen, or didn't see it) - at least then I could get on with doing something about it.

Does anyone have any first hand experience as to what these interviews (if I have to go to them) involve or don't involve? I know it's not like a standard 'we're trying to find you a job and you have to go for the interview or you'll lose your benefits' thing, but apart from that I'm a bit overwhelmed...

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12 years 6 months ago #70859 by mangof
Hi phil.

I've not been to interviews myslef but there is a guide on this site somehwere about them - sorry not sure where!

Also there is info about appealing ESA decisions in the members section. I can understand the incredible stress of appealing having appealed an IB decision years ago.

Hopefully a mod may be able to direct you to the info about wfis.

I am beginning look at my esa50 at the moment so am at the beginning of the process of being transferred and don't know here I'll end up. I get IB now plus DLA middle care and lower rate mobility for mental helath problems.

To get in the support group (which is where I think I should be) I will be claiming that my mental helath would go really bad if I got put in wrag (or worse still failed altogether). I will definitely get supporting evidence from a mental health professional for that. But whether the DWP believe them or not is a different matter.

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  • phild
  • Topic Author
12 years 6 months ago #70862 by phild
I got supporting evidence from the mental health professional that I see regularly that pretty much stated that (well, she wrote something along the lines of 'in my professional opinion, I cannot envision a time when <me> will ever be capable of work' alongside a detailed description of the problems that leave me unable to leave my home and unable to deal with people most days)... Didn't get me into the Support group. :(

I'm quite annoyed that they didn't even bother to contact my GP about the state of my mental health though. The DWP guy told me that they hadn't on the phone.

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  • bro58
12 years 6 months ago #70863 by bro58
Hi Phild,

WFI's may be deferred, for various reasons, but this decision is totally at the discretion of the dealing officer.

Many members have had their WFI carried out over the phone, or there is an option of a home WFI.

However, neither of the above options are a given right.

Whilst in the WRAG, a claimant can not be compelled to seek or take up employment.

See the extract below from the DM Guide re : WFI's. :

Work-focused interviews.:

A work-focused interview (WfI) is an interview with a person conducted for any or all of the following purposes.

1.Assessing that person's prospects for existing or future employment, (whether paid or voluntary)

2.Assisting or encouraging that person to improve their prospects of such employment

3.Identifying activities which that person may undertake to strengthen their existing or future prospects for employment

4.Identifying current or future employment or training opportunities suitable to that person's needs

5.Identifying educational opportunities connected with the existing or future employment prospects or needs of that person.

cheers

bro58

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  • phild
  • Topic Author
12 years 6 months ago #70868 by phild
Thanks for the reply, bro.

I'm absolutely bemused by this. The mental health professional that I've been seeing for about 10 years has indicated to the DWP in her letter that in terms of 'prospects for existing or future employment', I'm pretty much a lost cause.

I can manage to take care of myself for the most part if people just leave me alone and no-one puts any pressure on me or drops something on my out of the blue. This includes being forced into a routine that places me into regular contact with strangers and means that I have to leave my home, outside of the odd rare occasion that I feel well enough in my own head to get out and about on my own volition.

I've read the forum rules and I just want to make it clear that I'm ABSOLUTELY NOT threatening to harm myself here - but in the past, if I feel as though I've been backed into a corner and my stress levels have risen, 'things' have happened - obviously I need to avoid this happening again. I made this abundantly clear in my ESA50 form and provided supporting evidence from two professionals to this effect.

This doesn't seem fair. Maybe I was naive in thinking that if I just told the truth and provided proof that the Social would play fair with me. :unsure:

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12 years 6 months ago #70873 by Gordon
phild

I am afraid that WFIs are a feature of the WRAG, but not the Support Group.

It is difficult to see how you can avoid attending the first WFI, attendance is mandatory and I think it unlikely that JC+ will allow it to be held over the phone or at your home.

Based on your first interview, your JC+ advisor may decide to defer any further interviews because of your health, even if this does not happen, they may be more amenable to holding any further interviews more informally.

Good luck

Gordon

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

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