my neighbour Angela, she has been on IB and migrate to ESA, she filled in her esa50

[Helen2264]

I'm looking for some help and advice on behalf of my neighbour Angela, she has been on IB and migrate to ESA, she filled in her esa50 and sent it off unfortunately without taking a photo copy anyway needless to say she got zero point and was put on jobseekers.

 

When she attended her first job seekers interview she was treated badly got shouted at because she did not have a computer to apply for job or fill in her form. Cutting a long story short she was told by her job seekers adviser that her circumstances has not changed and that she is fit for work even though her doctor issued a sick note and wrote on there that she is not fit for work, she then was told to apply for esa, she applied by phone then got a phone to say she's been refused, then got a text shortly after to say she has been awarded esa and that a letter will be send shortly.

 

She now got another letter to say she has been refused esa and that she have to claim job seekers and not esa, then she got a phone call to say that she can claim esa again by phone, then to be told she cannot apply for esa.

 

It's been three times she has been told she is not entitled and cannot claim esa and then to be told by another person that she can claim esa. She is now exteremely stress and say she is in the borderline of cutting her wrists because she also received a letter from her local authority to say her housing benefit has been stopped.

 

Her circumstances at the moment , no benefit and housing benefit stopped. I need help please if someone is able to pin point us to any document we can use under the mental health act about the way she has been treated, there must be some mental health law for vulnerable people like her being almost abused and be made confused.

 

any help would be much appreciate.

 

 

many thanks in advance.

[Nystagmite]

Tell your friend to put in a housing benefit claim with nil income.

 

Why can't your friend claim ESA? She should have been given a reason why.

[abc123def]

probably because though she is too unwell to work, she fails to fulfill the criteria needed to meet descriptors nystagmite. Between the rock and the hard place.

[Helen2264]

Tell your friend to put in a housing benefit claim with nil income.

 

Why can't your friend claim ESA? She should have been given a reason why.

 

Thank you for your reply appreciate it, the reason they've given her is that her circumstances has not changed and that they found her fit for work even though they got a sick note form her GP stating she is not fit for work.

[Helen2264]

probably because though she is too unwell to work, she fails to fulfill the criteria needed to meet descriptors nystagmite. Between the rock and the hard place.

 

I agree it's the way she filled in her esa50 form but I shall help her fill it in properly using the criteria which she has no problem of meeting. Thwe poor lady hasn't a clue what's going on nor understand what is being said to her.

[**Margaret**]

:Helen2264:

 

There's something iffy (over and above the inadequate training for Jobcentreplus personnel) about the contradictory responses your friend's receiving to her application(s) for employment n support allowance. Bottom line is that Jobcentreplus have to accept a correctly completed claim for employment n support, but they don't have to pay a repeat claim for the same condition (unless it's worsened significantly) within six months of a decision about a 'failed' work capability assessment, until there's a determination of limited capability for work. Usually via another work capability assessment.

 

A Med 3 (unfit) note only allows a claimant to be treated as having limited capability for work pending a work capability assessment. It's not intended to evidence the legal criteria of limited capability for work.

 

So far as I'm aware there's nothing in the mental health legislation that would protect your friend from the failings of Jobcentreplus. But there may be something in the equality legislation;

 

https://www.gov.uk/definition-of-disability-under-equality-act-2010

 

Margaret.

Edited December 21, 2013 by **Margaret**