Esa Appeal turned down, can't claim Jobseekers allowence help me!!!

[Nystagmite]

Kelcou - can you not qualify under the rules regarding that if you are found fit for work, this will cause you serious health problems? As I understand it, you have a lung / chest disease; so surely working and being around ill people (even those with just a cold) will make you very ill.

[RaeUK]

To be honest, Nystagmite, I don't know about the rules you mention. Yes, I have Severe Chronic Bronchitus (stage 3), which puts my lung efficiency down to the 35-40% across the board. I am incredibly susceptible to anyone with a cold / flu! You probably recall me posting about the number of days sick I had last year apart from my general symptoms. End of December through to mid-march with one chest infection after another. Touch and go whether I was hospitalised which, not surprisingly, all concerned felt would probably kill me off with infections!

I'm fortunate with friends and family - they ban me from their homes at the slightest sign of an illness ...

[poollie1]

Mandy, please listen to the advice you have been given. You are on ESA. You are in WRAG. You DO NOT have to apply for any jobs nor attend job interviews nor any such nonsense. That is an absolute fact. Do not make yourself more ill because one person in the Jobcentre has no grasp whatsoever of her job. Why not telephone your DWP distribution centre for further advice? (I'm fortunate in coming under the one at Chippenham and, throughout the three plus years I have been on ESA, they are always extremely helpful). Oh, and throughout those 170 weeks I have NEVER been asked to look for work, apply for jobs. Nor would I expect to be ...

 

I have just read on another forum that the Work Programme is compulsory if your Advisor and JC feels it to be in your best interest, they still cannot make you work or seek work and they also have to take your health condition into consideration in choosing the activities you are able to perform. If you refuse to attend this your payments will be sanctioned.

[worried33]

I have just read on another forum that the Work Programme is compulsory if your Advisor and JC feels it to be in your best interest, they still cannot make you work or seek work and they also have to take your health condition into consideration in choosing the activities you are able to perform. If you refuse to attend this your payments will be sanctioned.

 

Also on the DWPs website it states its mandatory if its expected the person to be fit for work within 3-6 months which given the frequency of assessments in that WRAG I expect is the majority of people in that group?

 

http://www.latentexistence.me.uk/dwp-edits-documents-to-pretend-work-placements-werent-compulsory/

 

There was also a newspaper report stating that the work programme they using for tesco was planned for people on ESA as well. I assume those in the WRA group.

[antone]

I feel like I'm saying this twice a day at the moment, but let's just be clear: ESA claimants are not required to participate in the Work Programme. Those in the WRAG will be required to attend six interviews - they cannot be forced into work or training.

[RaeUK]

Thankyou Antone, I have empathy ...

[Life-Goes-On]

I feel like I'm saying this twice a day at the moment, but let's just be clear: ESA claimants are not required to participate in the Work Programme. Those in the WRAG will be required to attend six interviews - they cannot be forced into work or training.

 

Sadly I think that is due to change because of the Welfare Reform Bill

 

 

http://www.dwp.gov.uk/policy/disability/welfare-reform-bill-2011-and-disabled/

 

The Welfare Reform Bill 2011 will make it clear that work-related activity can include work experience or a work placement, depending on the individual’s circumstances. We expect these powers to be introduced by April 2012.

[antone]

Sadly I think that is due to change because of the Welfare Reform Bill

 

 

http://www.dwp.gov.uk/policy/disability/welfare-reform-bill-2011-and-disabled/

 

Hmm, yes, had heard that now you mention it. Well, here's another can of worms - just what ESA needed....

[Life-Goes-On]

Tell me about it

 

Just been put into WRAG, normally I would have glad, but now know I risk being sent on training courses,

or work experience, even though been found unfit for work.

 

I was going to appeal as I believe have grounds to be put into the support group.

But I was told my review is in 18 months, and if I appeal and win, I could be reassessed sooner.

So it's a gamble I not going to take.

[RaeUK]

... can you not qualify under the rules regarding that if you are found fit for work, this will cause you serious health problems? ...

 

Still don't know anything about this. Anyone have further details / linky thing? ...

[Nystagmite]

because of the claimant's illness, there would be a substantial risk to the mental or physical health of any person were they found not to have limited capability for work. This exceptional circumstance is the same one as applies in the PCA, and arguably the case law that applies to it should apply here.

 

http://www.cpag.org.uk/cro/wrb/wrb204/wca.htm#except

[RaeUK]

Thankyou so much, Nystagmite, that's a great help. Bookmarked for inward digestion ...

[antone]

Rae, you'd be looking at ESA Reg 35:

 

35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

 

(a)the claimant is terminally ill;

 

(b)the claimant is—

(i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or

(ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or

©in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.

 

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

 

Edit: Ninja'd by Nystagmite ;-)

[RaeUK]

Thanks, Antone, duly noted! I wish I'd more fully understood that at my last Tribunal. The panel were desperately trying to make me fit the descriptors and were visibly upset that they couldn't do so ...

[Maximus1]

Didn't want to make another thread so thought this one was close to my enquiry.

 

OH been on ESA contribution based since going onto half pay at work (from where he was subsequently 'let go'), was turned down, he appealed and won easily. Another medical 5 months after, turned down and awaiting appeal.

 

With new law, is it worth him pursuing this appeal as his 12 months will be up on contribution based ESA? As he has a pension from work which is by no means healthy but JUST enough to stop him qualifying for income based ESA when my small income is taken into account. He couldn't even get through a pathways to work interview (or whatever they're called now) without breaking down when his old job and how he was treated was brought up. He is also physically disabled but has never claimed DLA or anything as we managed.

 

Just wondering whether it's worth the bother of going through the appeal (which he could mentally do without) if it means he gets nothing anyway? Heavens knows what he would do if trying for JSA but suppose he would have to if he wanted any form of income.

 

Any help appreciated

[Nystagmite]

could he manage without esa?

[Maximus1]

Not really, we are barely getting by n ow

[johnrr]

I hope you get to see this reply Mandyjay as I have had exactly the same symptoms as you for the last 7 years. I have found out that I do not have fybromyalgia, despite all DR'S insisting I have. I have a viral bacterial illness which attacks joints, muscles and bones alike. I found out by accident when taking antibiotics for a different problem. After 36 hrs on antibiotics my symptoms disappeared as quickly as they hhad appeared 7 years earlier. I urge you to try antibiotics as it will change your life! Unfortunately as the medical profession hate to be proved wrong (in my experience), they refused to let me have more than 3 weeks of antibiotics, so I am in the process of proving my diagnosis by seeing a consultant. Please do not ignore this reply as many dr's who are stumped by symptoms, take the easy option of diagnosing fybromyalgia, even though only 50% of the profession acknowledge its existence. Good luck

[chrisxxxt]

hi

new to this group and looking for help please.. just failed my medical yet again to which i will apeal against yet again but this time there telling me to claim jobseekers allowance so my benifits dont get affected.. will this jobseekers allowance claim affect my esa apeal, last thing i need is starting all over again with an esa claim..

thanks

[Katelyn25]

I feel like I'm saying this twice a day at the moment, but let's just be clear: ESA claimants are not required to participate in the Work Programme. Those in the WRAG will be required to attend six interviews - they cannot be forced into work or training.

 

Is that 6 interviews in one year? Whilst on Wrag ( up until my recently failed repeat medical) I had to attend every 4 weeks ..meaning some months I had to go twice lol at the beginning and end of the month. Food for thought there

 

apologies, only now noted the date of that post, no doubt there have been changes by now lol

Edited April 25, 2014 by Katelyn25
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