ep1987
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Everything posted by ep1987
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That seems like a good plan; thanks for the help.
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Am i not supposed to inform them of any change in circumstances immediately? Either way i'd be fairly certain that if i am able to work 10 hours per week (but struggling) then i'd be scoring zero points at the assessment. Obviously this wouldn't be enough money to live off; is there no element of universal credit that offers support to those who can only work part time due to health? I know previously that i could have applied for working tax credits by working 16 hours a week.
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Currently i'm on ESA in the support group due to mental health (since 2016). I want to try and get back into work but don't think i'd be capable of full-time employment straight away. I'd be looking at doing between 10 and 16 hours per week initially (so on minimum wage let's say that's between £85 and £140 per week). I pay board directly to a family member. Would i be eligible for Universal Credit or any other benefits? What are the criteria for satisfying the limited capability for work needed to be eligible for the £503 work allowance on Universal Credit? Any help would be much appreciated as obviously it would be far from ideal from a mental health standpoint to be struggling financially while also dealing with the stresses of going back to work.
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I had contents cover with morethan for one year from November 2015 after which i moved to RAC (though i had forgotten about this as most people do with the passage of time and dealing with different companies). I received a letter at the beginning of August from morethan stating that my renewal was due August 19th and i wouldn't be covered after this date. I had no reason to believe this was incorrect but the price was extremely high so i went on a comparison site and renewed with Churchill. I was just checking my saved e-mails and saw one from RAC dated November 2016 about contents insurance. Thus i now realise that due to the letter i was sent that i now have two policies running for slightly over 3 months. Obviously i'm not very happy and have sent morethan an email but have yet to receive a reply. Effectively i'm £20 out of pocket and am very suspicious of how their system could make such a mistake. Is it worth reporting this and if so who should i contact?
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I think i've found the answer (as usual jobcentre didn't follow proper protocol) but to help others i'll post some links. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473426/admu4.pdf Page 4 seems to say that i am exempt from any work related requirements due to being a carer. On page 9 claimants who must attend WFI but are not subject to WRA are dealt with separately. From https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide https://www.whatdotheyknow.com/request/224561/response/568813/attach/html/9/07%20Post%20Work%20Programme%20Support.pdf.html The above details what happens after completing the work programme (NJWFI is the appointment you will likely have had after first being awarded ESA, linked at bottom). Take away is that voluntary claimants (those exempt from WFI and WRA) don't need to attend the completer appointment that follows the work programme (may be another request to attend within 26 weeks). Participation is PWPS remains voluntary in any case. 30. For purposes of Post Work Programme Support voluntary claimants are: Support Group Credits Only Full Time Carers Lone Parents with a youngest child under one Claimants at or over the age at which they are eligible to receive Pension Credit Claimants awaiting their initial WCA outcome Claimants appealing a WCA decision that they have no LCW i.e. disallowed ESA IB claimants NJWFI link: https://www.whatdotheyknow.com/request/224561/response/568813/attach/html/6/04%20Conducting%20the%20NJWFI.pdf.html
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How do Ingeus benefit from raising compliance doubts which can (and often do) lead to sanctions? I ask because an an ESA claimant (mental health) this is how i've been treated: Called up on day of first appointment, told that i don't need to go in, can be done on the phone (would have been great to know this before my dad booked the afternoon off work to accompany me). Repeatedly contacted about sending a cv (including a phone call on a saturday) which i have now done three times to three different people; hopefully now it's 'on the system'. Sent an appointment through the post which i couldn't make (dad on holiday for a few days). Contacted them 10 times via phone and e-mail to re-arrange, could never get through directly to the esa advisor (who has never replied to my voicemails or e-mails). On the day at 7pm got a very useful reminder text; with a mandatory action soon following in the post informing me that as i had missed my previous appointment i would be sanctioned if i failed to attend. Am i wrong in thinking that they have to meet a target number of sanctions or are they just completely incompetent?
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Thanks. Have done some research and now have one more question. If we fill in the care section, focusing on how the condition affects their day to day life and provide medical evidence of increased risk (serious fall last year resulted in long hospital stay) how likely is it that an assessment will be requested by the decision maker?
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A relative who is 75 currently gets the higher mobility and lower care component of DLA (both on an indefinite award). Their situation has worsened and they now require more daytime assistance/supervision; thus should probably be entitled to the middle rate care component. If they report their change of circumstances what will happen? With the current culture they are wary of being re-assessed due to the onerous guidelines now in place and they couldn't deal with the stress of having their benefit reduced and having to appeal. Thanks for any help and guidance.
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In the meantime do not return to this place. Inform Ingeus, the jobcentre and the HIT provider as to your reasons. Hopefully common sense will prevail somewhere along the line. Perhaps call each of them and ask for an e-mail address if explaining on the phone would be too difficult. If a sanction is raised for non-compliance it will go to a decision maker. Your reasons will almost certainly suffice, especially as you should have some evidence from your GP as well as the esa award.
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Are you currently undergoing any treatment for your condition? In any case, DO NOT AGREE TO LOOK FOR PART-TIME VOLUNTARY WORK. I would read the support group descriptors and if any apply then appeal on that basis. Otherwise you can claim if there are exceptional circumstances; basically in this case your argument would be that being found capable of wra would lead to a significant risk to your mental health. Whilst you are in wrag you may be asked to do things which just aren't possible. In this case you must ask your advisor to reconsider; if they don't relent and you don't comply then a sanction will be raised which will go to a decision maker. In your case it is highly unlikely that the sanction would stand if you explain your condition (medical evidence will help, as will the reasons given for the award of esa wrag). You should not be asked to do anything which would contradict the limitations listed in your award of ESA. Make sure that whoever accompanies you knows this and speaks up on your behalf. Hopefully someone else can give more definite advice and links to the relevant regulations (which can be printed out should your advisor continue to be unreasonable).
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Thankyou for that.
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Just mandated to work programme with Ingeus as an ESA WRAG claimant with a 12 month prognosis. If i were to appeal to upper tribunal and win support group what would happen with regards to my participation in WP? Would i still be manadatory or would i become voluntary? Also if i became voluntary would my two year 'clock' keep ticking or would i have another two years to do if i was ever mandated again (which hopefully won't be the case but you can never be certain)?
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I have just been awarded ESA WRAG with a 12 month prognosis based on mental health. I am likely to appeal for support group. Unfortunately i may not be able to live with my dad for too much longer as his girlfriend is pressuring him to sell up and move in with her before the end of the year. If this happens would i only be entitled to the shared accommodation rate of housing benefit (~£67 a week where i live)? Due to severe soial anxiety any form of shared accommodation wouldn't be viable. If this is the case then there would be a shortfall of about £30 per wek between that amount and the lowest available properties; though if i were to get support group (far from assured even though i believe i have a good case) then with the enhanced disability premium added that would be £22.55 added which would make it manageable (i know that some landlords won't house benefit claimants but that's a problem for another day). Thanks for any help.
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My situation: Live with dad (works full-time) who used to get second adult rebate when i was on IR JSA. However that was scrapped and now either he would have to be in ESA SG or i would have to have a severe learning disability (think higher rate DLA) to get council tax credit. Me being on ESA IR doesn't have a bearing and basically takes away £5 of my benefit per week as i am of 'working age'.
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Cliffs: Just awarded ESA WRAG, 12 month prognosis; mental health. Hope to be ready for work in about a year. Don't think i could cope with full time work straight off. Part-time hours for the first year back seems like the best idea. To get WTC working less than 30 hours a week you have to have been on a relevant benefit (ESA-check). You also need to fulfill the criteria for the work disadvantage test. Parts that may apply to me: 16. You have a mental illness for which you receive regular treatment under the supervision of a medically qualified person. or 19. Due to mental disability you ...or are unable to form normal social relationships. "HM Revenue and Customs may ask you to nominate a professional involved in your care who can confirm how your disability affects you - for example, an occupational therapist, community or district nurse or doctor." So my question is how likely is it that based on evidence from my therapist and/or GP that i will satisfy either of these criteria? Would it help to send evidence along with my application form when the time arrives? Ultimately i do want to get back into work and don't have any sense of entitlement; i honestly believe that my chances of making a full recovery would be greatly enhanced if i could take things at a pace i can manage after suffering through some very dark times in the recent past. It would be a great help if i could get some financial support whilst i get back on my feet and look towards getting a place of my own once i secure full time employment.
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Bump so someone can help. Have you applied for ESA yet? I understand what Helen is saying but trust me, ringing up to make the claim will expedite the process and is really just to get the ball rolling. You will need to sign-off from JSA on the same day. Post a copy of the sick note to your local benefit centre (make sure you note your national insurance number). When it runs out you will need to send another one. I got sick notes for over a year from my GP as it was understood that my anxiety and depression were long standing. Have you been referred to the community mental health team? Were you prescribed medication? First and foremost you need your GP to understand the severity of your problem. If it's not too late; try to focus on what you can't do rather than what you can with your GP. If you find them unsympathetic then see someone else next time (but it is important to form a relationship with one doctor).
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It's best to ring up and do the initial claim over the phone. Then when the ESA50 arrives make sure you fill it in with the descriptors in mind.
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Thanks. The decision sheet was very short on detail; when i submit a request for a statement of reasons i'll ask if they can clarify the re-testing recommendation (the tribunal was over 10 months after the Atos assessment) although verbally it was obvious that they meant a year from now. I'll call my local benefit centre once i get my first appointment through to clarify the prognosis.
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The doctor will work with you, WL are working against you. Just go and describe your symptoms; you will be asked to fill in a mental health assessment form (multiple choice) and will likely be referred to the community mental health team for counselling. It isn't easy asking for help but will cause far less stress in the long run than being in the work programme whilst on JSA.
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This isn't going to end well. Is there a reason that you're not getting the assistance you need with your anxiety? Is there a reason you won't apply for ESA? Trust me; it will be less stressful than the work programme and will actually help you.
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Sign off and apply for ESA. Go to your GP and get a referral to the community mental health team. When the ESA50 arrives in the post come back on this site and people will help you with how to fill it in and give useful links. Should you fail at ATOS you can appeal to a tribunal. All of this time you will get paid the same as JSA so long as you send in sick notes (some delays possible of course) and won't have to be a slave to the work programme.
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Got WRAG with a recommendation that i'm not re-tested for a year. I guess now i just need a little guidance as to what to do now. 1. I'm going to request the tribunal's reasoning in writing. This should help if i'm re-tested contrary to their recommendation. Also it gives me the opportunity to appeal to the UT for support group if i think that an error of law may have occurred. 2. If i am sent another ESA50 i can attach the statement of reasons should emailing a complaint to ministers@dwp fail to work. 3. How long is it likely to be until i am called into the jobcentre? 4. I'm guessing that the prognosis is 12 months, how do i confirm this? 5. Who will decide what limitations will be noted down on my ESA agreement, how can i find this out and can i negotiate to ensure i'm not mandated to do anything i'm not capable of? 6. I'm sure that i saw a recommendation somewhere to have an up to date ESA50 filled in electronically; has anyone got a link with how to do this? 7. Anything else i may be entitled to or should know? Thanks to everyone who provided assistance.
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Easy solution; i bought the house so as to not squander the money on gambling and because my current living arrangement has an expiration date ;-) Now all i need to do is work out how to win 100k. In reality i wouldn't claim jsa unless i absolutely had to and like most people would prefer to be financially independent. Would be very nice though not to have to pay rent/mortgage making part-time hours a possibility.
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What counts as disposing? Not that i'll ever encounter this but if i won £100k on a bet could i buy a house and then claim benefits either immediately or at some later stage?
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Thanks. I'm worried if i don't make a written submission that i will forget a lot of things and will feel rushed to give short answers as explaining things in detail will be more stressful. I'm going to try to keep my 'contextual' evidence as short as possible but i feel that i really need to mention the three descriptors which apply in writing. I know i need to be careful not to trash atos but my assessmant was only 20 minutes of which only 2 or 3 were focused on mental health. Anything i mentioned which would help my case was omitted, some things i said were conveniently lost in translation ('i try to go out to the shops a couple of times a week when it's quiet and use the self service' became 'goes shopping on his own at least twice a week') and there were elements of complete fabrication (apparantely i have a strong social support network). It also doesn't help that i filled in the form and attended the assessment in good faith, unaware that i needed to play the game. I do however have a good letter of support from my GP and will explain the specifics of my condition. I'm going to leave out the case law but i will make sure i mention things from upper tribunal rulings that apply to me (for example, i'll make sure to say that the only social contact i have with members outside of immediate family is in a professional setting), thus if the tribunal judge is up on his case law he should find in my favour, otherwise i'll at least have grounds for an appeal. More than anything i just want this nightmare to be over; i want to be given the opportunity to continue with psychological help and begin to make steps in the right direction without being mandated to do things which i'm not ready for. I'm really not functioning at the moment outside of obsessing about the appeal and recently the resultant symtoms of anxiety and depression (ocd, predictive anxiety, inability to sleep, forgetfulness, poor concentration) are frustratingly leaving me less and less able to leave the house and get better.
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