How are Cameron & Clegg preparing our young people for the future?

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Congratulations and well done! Proud of you for taking a giant step by attending the Tribunal

When you say you signed on before, when was it? How long ago and for how long were you claiming?

Did you take the name of the person or people you spoke to? If so, ask to speak to the Centre Manager and make a complaint. I take it that if there is no money in your account tomorrow, that you will be ringing JCP to find out. If you are told again that they do not understand why you have not been paid ask them to look in the Jobseeker Allowance Payment System (Jsaps). If you are told that they will ring you in 3 hours and nobody calls. Remember to take the persons name and ring him/her back. Then politely but directly ask him/her to explain to you their (JCP) customer charter. Good luck

Hi Hadenough I hope you don't mind me giving you this advice but to minimise reprisal, I would keep your letter short, sweet and to the point. The reason for this is that having read the above i.e. the word for word account, it would appear that this Nurse has chosen her words carefully to avoid recrimination. See below "Anxiety and depression, under care of XXX mental health team for counselling and taking anti-depressants". Here she has stated a fact which is to your advantage. Attended examination centre alone and walked 90 mins to get there. (How far away do you live? How long would it take if you were fit and healthy? - What if anything is she implying?) Again she has stated a fact but you need to look at what you have written (your answers) on your ESA 50 to establish how this could be detrimental to your appeal. For example what was your answer to Do you feel confident enough to leave home on your own and go out to places you know? Despite depression anxiety and insomnia is self caring and manages most activities of daily living without assistance. Again up until she states "and manages" is fact i.e. you do suffer with depression, anxiety and insomnia and are self caring. Interestingly she has stated you manage MOST activities and not ALL. Again look at your answers on the ESA 50 to see what it is she is implying here. Mental state examination normal, with no expression of suicidal intent or selfharm. Despite making reference to suicidal intent etc in you ES50, if you did not tell her on the day that you were suicidal or that you intended to selfharm then she is stating a fact. However, with regards to her saying that your mental state was normal, it would appear a contradition in terms i.e. she has already acknowledged the fact that you are under the care of XXX mental health team for counselling and taking anti-depressants. What examination did she conduct to justify this statement? More importantly, what experience does she have of mental health? Again look at your answers on the ES50. As with all conditions, people get good and bad days. "I note, despite complaining of problems with concentration the appeal letter is 10+ pages long with no evidence to suggest completed by 3rd party." Did she ask you at the medical who had written the appeal letter and/or how long it took to write? If not then this is pure conjecture. Another point, if your mental state examination was normal, she is again contradicting herself as she is acknowledging that you informed her of problems with concentration i.e. "despite complaining of problems with concentration" Now I don't want to get your hopes up but if it is any consolation, I have seen much worse reports with people who have won their appeal. Now go prepare for your appeal by gathering as much evidence as you can from the people who know you and how your condition affects you. Remember, DWP, the Nurse etc are not the judge and jury.......The Tribunal are!!! They are interested in facts and evidence. They are not dull, they know that conditions fluctuate, they know that mental health doesn't stop people from walking, they are also aware that Medical Health Practitioners promote and advocate exercise. They are also aware that you wouldn't be under the care of XXX mental health team for counselling and taking anti-depressants without good cause. Best wishes

Hi John You might find the following link helpful too! http://www.nhs.uk/CarersDirect/moneyandlegal/carersbenefits/Pages/CarersAllowance.aspx

Hi Hadenough, Since my last post, I have given your letter much thought. I agree you should write and challenge the Nurse who from what you have written has made assumptions about you that aren’t based on any evidence. I would also check his/her wording in your letter with regards to you attending the examination alone and taking 90 minutes to walk there. Is he/she stereotyping you? He/she might be in breach of the DDA 1995 extended in 2005 e.g. Disabled people portrayed as being unable to function in home lives, family life, employment, social lives without the help and support of non-disabled people. You are protected by the act if your condition has lasted at least 12 months or is expected to last 12 months or is recurrent.

Hi Hadenough It is good that you have written your thoughts on paper but please give yourself time to evaluate and think this through rationally. You have written some excellent valid points but in your anger you have contradicted yourself i.e. "Even if I had someone to come with me I would have refused, I expected a thorough mental examination so wouldn‘t have wanted anyone close to me to know just how bad I was/am" and "I have managed to do this with the help of my brother, ex-girlfriend. " I had similar paperwork sent to my son prior to a DLA Tribunal where a DWP Decision Maker tried to defend their corner. At the time I was so stressed out caring for my son and working that despite having old and new evidence that could blow their defence wide open, I just didn't have the strength to put pen to paper. Nevertheless, despite my non response my son was awarded middle rate care and lower rate mobility. The Chairman at the Tribunal said that the medical evidence was jumping off the page and screaming at them. Best Wishes

Good news! Benefit received following some confusion their end.

Did you take the name of the person who tried to force you to complete the form there and then? They were quite within their right to issue you with an ES195RE in person but you also had the right to take the form away with you, complete and return within 7 days. If I were you I would write a letter of complaint to the Jobcentre Manager and pp it to your MP. Don't bother complaining using the DWP1018 form, it doesn't have as much clout as a letter clearly showing you have copied your MP.

Gosh you learn something new everyday. Just goes to show what lousy training I had whilst employed at the Jobcentre. Greer, when an Officer takes Refusing Employment Action (RE) they have to issue you with an ES195REJP form i.e. Dear _____ A doubt has arisen on your claim for Jobseeker's Allowance as it appears that you may have refused an offer of employment/training opportunity. etc, etc. You were notified of an employment/training opportunity with ________________ on ______________ which you refused/failed to apply for/failed to accept. etc etc. It goes on to state Before I refer your case for a decision, please state on the reverse of this form, the reasons why you refused/failed to apply for/failed to accept the opportunity offered. You are then given 7 days to return the form explaining why you failed to take advantage of the opportunity. If you do not return the form it is assumed you do not wish to comment. Now this is the important bit JOBSEEKERS ALLOWANCE WILL CONTINUE TO BE PAID AS USUAL UNTIL A DECISION IS MADE. If a decision maker decides you do not have a good reason and you are sanctioned, they should send you leaflet (JSA10JP) explaining how to make an application for payment of JSA under the hardship provision. Another point, when issued with a ES195REJP, you should also have been issued with an ESL48JP explaining when and how your allowance is affected, how long they take and what happens if the decision is favourable.

Oh banksarggg, as stated by catkin, loop and tina above, you did many things today that you should be proud of! Now put your feet up and get some sleep as you must be shattered. If there is anything I can do to help you prepare for the home visit, you just have to ask. I am new to this site so am unsure how you go about emailing me. I do have some experience of these visits and other experience which might be of assistance to you xx

Hi Struggling, I hope you don't mind me making suggestions but if I were you I would speak to CAB, Welfare Rights or a Community Legal Advice team. I would also go back to see your MP and update him. Best wishes

Sorry to hear about the problems you have been experiencing with JCP. Unfortunately, due to their track record of employing casual staff and poor training they regularly give out incorrect information. The RITY starts with the first Sunday in January and ends with the last Saturday before the first Sunday of the following year i.e. Sunday 6 Jan 2008 - Saturday 3 Jan 2009, Sunday 4 Jan 2009 - Saturday 2 Jan 2010. Hope this makes sense! I have also found the following which might be of further help to you. Contribution based job seekers allowance There are two main contribution conditions: 1) You must actually have paid Class 1 National Insurance contributions with an earnings factor of at least 25 times the lower earnings level in one of the two relevant contribution years. Class 1 National Insurance contributions are only paid by somebody working for an employer (not self-employed). Earnings factor of at least 25 times the lower earnings level means that, for example, in 2003/04 you must have paid 25 x £77 = £1,925. Relevant contribution year runs from April to April in the two years prior to the date of claim. The benefit year runs from the first Sunday in January to the end of the first Saturday in the following January. 2) The second contribution condition is that in each of the relevant contribution years you must have either paid or been credited with Class 1 contributions with an earnings factor of at least 50 times the lower earnings limit for that year. In 2003/04 this was 50 x £77, which is £3,850. Even if the contribution conditions are satisfied, contribution based job seekers allowance may not be paid at the start of or during the claim for several reasons: The full time work rule Waiting days Other benefits Absence from Great Britain Capacity for work Availability and actively seeking work Misconduct or leaving previous job voluntarily Failure to take up a job or training Personal occupational pension This benefit is only paid for a maximum six-month period. It is possible to appeal against a refusal of benefit because of a decision relating to contributions or credits. In practice, the matter will be referred to the Inland Revenue for an investigation and the decision may be revised. Good Luck and best wishes!

Hi Fluffs I have just remembered that in October 2009 ND25+, NDYP, ND50+ etc was replaced by the Flexible New Deal. Unfortunately, I don't know how this works with regards to linking.

Hi Crazy Collies Please see my post above. In answer to your question, "has ANYONE with existing ESA Income Related in the Support Group had to have a review after around 14 Months of receiving ESA?". My son who is in the Limited Capability for Work group has just had a review after 12 months. We only knew this had happened when he received no money. I rang DWP to find out why he had not received his benefit. Three hours later they rang to say the money would be in his account that day. They apologised saying that on review his money shouldn't have been stopped. To the contrary they were sending out forms for us to complete to see if there was anything else he was entitled to. However, I should stress that due to his condition he was recently awarded middle care and lower rate mobility at tribunal. The Chairman informed us that the medical evidence was jumping off the page and screaming at them. The DWP Officer I spoke to was aware of the Tribunal's decision which I think they took into consideration when they did the review.

I was wondering why you appealed. When JSA is stopped, they are suppossed to inform you of your right to a reconsideration.

Catkin, please ensure that someone from your family or a friend who knows how your condition affects you accompanies you to the medical. Do you have someone who can drive you to the medical rather than use public transport? Sometimes it takes a friend or family member who is able to remain calm but has a no nonsense direct approach and says it as it is. This is particularly important when you have a medical examiner such as the one doktorjohn describes above i.e. the Smiling Assassin. Ask your friend or family to familiarise themselves with your medical notes IB50 etc. This is also a good way of testing how familiar the ATOS practitioner is with your case. Best wishes

Did you take the name of the person who advised you that ATOS cannot do a home visit? ATOS can and have made home visits following a GP's recommendation. The failing to attend a medical form you describe above is used by a decision maker to determine whether or not they should stop your benefit.

Thank you reallymadwoman, you have confirmed what I had suspected.

Unfortunately, unless the rules have changed since May 09, I am sorry but the answer to your question is yes.

Please be careful when cancelling ATOS medicals as DWP can stop benefit without warning. My cousin who suffers with depression, had this done to her after the second cancellation. Her benefit was reinstated after her GP wrote a letter confirming that she was ill. Despite the letter, ATOS still sent out another appointment. In view of your state of mind and the agrophobia, ask your GP to write a letter, requesting ATOS make a reasonable adjustment by conducting a medical at your home. Ensure you have someone with you when ATOS calls to conduct the medical. Get the person to ask the Doctor what is their speciality. If it is anything other than mental health, ask them what experience they have in this area. You never know how useful this information can be in the future. I know it is easier said than done but try not to worry. Best wishes

Hi Struggling You might find some help in the following link http://cashalerts.co.uk/2010/04/advisor-discretion-fund/ Also bear in mind that the Adviser will look at how many security jobs there are on offer in your area. Print off as many as you can to strengthen your case. Also get as many letters from security companies stating that they would consider employing you if you had the license renewed. If they still refuse you after this then take your evidence to your local MP and complain. Oh, one last thing, if JCP say you have reached stage 4 (unemployed for a year) which means you are now not eligible for the advisor discretion grant. Remind them how many times you have previously requested help to pay for the renewal. Good Luck