ESA Help needed urgently!

[pompeyvix]

Hi there,

 

I am writing this on behalf of my mum.

 

My mum was claiming ESA (income based) as she has a psychiatric illness which prevents her from working. It is a severe illness which she has had a very long time.

 

She missed 3 assessment appointments (due to be overwhelmed with voices in her head, getting confused etc) and even though she explained why she hadn't attended the assessment, her ESA was stopped.

 

She lodged an appeal, but it has now been 3 and a half months and she has still not heard anything. She receives housing benefit and DLA, but these two benefits do not cover her rent and bills, let alone food on top. As a result she is using credit cards to survive and is getting further and further into debt.

 

Every time she phones for an update, she is told different information, but the crux of it is that no decision has been made on her appeal and they can't tell her when she is likely to hear.

 

She has asked for financial help, but has been told she is not eligible.

 

It's starting to get a desperate situation, and neither my mum or I know where to turn.

 

Can anyone help? Has anyone been in the same situation before? What should she be doing? Is there anything or is it just a waiting game?

[antone]

Has she made a formal appeal to the Tribunal, or has she asked for a DWP reconsideration? When she failed to attend the assessments, she should have been asked to provide "Good Cause". Was she asked this, and if so, did she respond?

 

Since she did not attend the assessments and that's why her ESA has been stopped, she would not be eligible for payments while awaiting a hearing at the Tribunal. If the DWP has passed the case on to the Tribunal, it could indeed be quite some time.

[pompeyvix]

Thanks for your reply.

 

I am not sure if she has made a formal appeal to the Tribunal or if she has asked the DWP for reconsideration. I will ask her that when I next speak to her.

 

I know she did respond and give reasons as to why she didn't attend the assessments.

 

The main concern is how my mum will cope without any money from now until her Tribunal. She is living off credit cards. What help is there? I've read something about an assessment rate whilst she is appealing, would she be eligible for this? If she is not eligible for financial help, how is she supposed to live?!

 

I am sorry for the basic questions, this is all new to me and I do not know anything about ESA or benefits in general.

 

Thanks again

[antone]

No problem, we're here to help.

 

The first key thing to note is that you mention the Assessment Rate while appealing. This is only available to someone who attended the assessment (WCA) at Atos but was found to be fit for work. Unfortunately, the fact that your Mum has not attended means this is a more difficult situation. ESA Assessment Rate is not payable under these circumstances.

 

There are other factors. If someone fails to attend a WCA, they would be sent a letter asking for "Good Cause" as to why they did not attend. Now, this matter is then considered by the DWP. In my experience, Good Cause is almost always accepted the first time, as long as the reason given is basically plausible. But after that, it gets more difficult - to the people who decide these things, multiple failures to attend simply look like noncompliance.

 

Should this situation arise again (that is, if she's asked to attend a WCA but her condition makes that difficult/impossible) then she should seek a home visit for the WCA. You or any other trusted friend or relative could be there. Such a request would need to be supported by evidence from her doctor.

 

OK, so, what to do? Well, I hate saying this, but I think she needs to expect to be without benefits for a while.

 

Precise further advice would really depend on whether she's asked for a reconsideration or an appeal.

[pompeyvix]

Thanks again.

 

I;ve spoken to my mum's support worker this morning, and it seems she has asked them for reconsideration. She has however missed 3 appointments already

 

I know it's partly my mum's doing not attending the appointments and I can understand where they are coming from the the non compliance, but it purely because of her illness that she did not attend, not because she couldn't be bothered or anything.

 

How would she be expected to cope financially in this situation?

 

I feel so frustrated and helpless

[mr_mastiff]

Thanks again.

 

I;ve spoken to my mum's support worker this morning, and it seems she has asked them for reconsideration. She has however missed 3 appointments already

 

I know it's partly my mum's doing not attending the appointments and I can understand where they are coming from the the non compliance, but it purely because of her illness that she did not attend, not because she couldn't be bothered or anything.

 

How would she be expected to cope financially in this situation?

 

I feel so frustrated and helpless

 

Hi just a quick one from my experience. When I had serious mental health issues I would hide my post and do some pretty strange things. My wife informed the DWP of this and I signed a form which allowed her to receive copies of my letters etc. I was just wondering if you could do the same. This was also the case when dealing with JPC.

[**Margaret**]

: pompeyvix:

 

Unfortunately there's no time limit on Jobcentreplus for reconsiderations (asking Jobcentreplus to 'look at a decision again') but considering it's already three and a half months you need to know exactly what's happening, or not!

 

Some comments/suggestions which may help:

 

Try to find out, from your Mum or her support worker, whether she received and returned a BF223. There's an example of the form at;

 

http://www.whatdotheyknow.com/request/mec_administration_guide_v6#incoming-354324

 

When Jobcentreplus decision makers are considering disallowance for 'failure to attend' they have to consider, 'the claimant's state of health at the relevant time' and 'the nature of any disability the claimant has'. Has your Mum submitted any supportive evidence, possibly from her support worker, of her impaired mental function?

 

If your Mum's agreeable get some third party authority (a la :mr_mastiff: ) in place so you can talk to Jobcentreplus on her behalf. In the meantime, while you're with your Mum so she can give verbal consent over the phone, ask Jobcentreplus for a call back from her benefit centre. You might find out how far this reconsideration has got, or not.

 

To the same end, subject access Jobcentreplus at her benefit centre for everything to do with your Mum's claim for employment n support. They don't charge for subject access.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

If all else fails;

 

Submit a formal appeal without waiting for reconsideration. Jobcentreplus will do one anyway as part of the appeals process. You'll need to explain why it's late; Mum couldn't cope cos of mental health issues. And send as much supportive evidence as possible; photocopies of Mum's medical records, statement from her support worker or yourself as her carer, anything else you can think of.

 

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

Your Mum will be able to reclaim employment n support, for the same condition, from six months after the date of disallowance. As well as pursuing an appeal.

 

Best wishes, Margaret.