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Esa wrag problems


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Hi All,

 

I have been claiming IB since 97. It was then transferred over to ESA.

 

Since last year I have been harrassed by the Advisor that I am under to either Undertake Training, or get a job.

My illnesses are: COPD, Raynauds, Rheumatoid Arthritis, Carpel Tunnel Syndrome and I am also awaiting to see a Hip Surgeon about a hip replacement.

 

I have always attended the Interviews with the advisor except for one and I phoned because I was to ill to attend.

 

All the training things she want to send me on have been silly like: Plastering, plumbing etc. You get the picture.

Then she booked me on a IT course with some company that thought they were god. I went a couple of times, but being spoken to like I was a child wasnt on plus I do have trouble with pens and keyboards after about half an hour of use.

Their attitude was you will attend 15 hours a week or we will stop your money and we get paid for you being here.

 

She has now put me on another course for English. Now she knows that I have trouble some days even getting out of bed because of my hip. I was due to go on that course today, but, can hardly walk this morning, and bearing in mind it is a 15 min walk from the bus stop I would not be able to do. I emailed the provider so I had a written trail and they were fine about it.

Now, what I would like to know is:

Can I be sanctioned because I did not go. I do not know from day to day how my illnesses will be until I get up in the morning.

If I lose that money, I will be in hardship.

Do I have to participate in these activities at present.

They have had letters from my consultant outlining my illnesses but have chose to ignore them.

Can someone help me to understand what my next course of action is.

I am not due to see advisor till sept 14 but have a feeling I will be called in earlier.

I have been seeing the advisor since Jan 13. So it is not as if they do not know my illnesses.

 

Shall I get a certificate from my Doctor to say I cannot go to these things yet?

Shall I write to the head office (Belfast) and complain about this.

I am due to be reassessed in October.

I am not saying I will not be able to participate in any activities in the future but not at present.

What will happen when I have my hip op?

I am on Income Based ESA.

 

The stress this is causing me now is making me sick. I am not sleeping or eating. Eating I am trying to save the money for other bills in case they sanction my money.

 

Any help or suggestions would be appreciated.

 

While writing this the post has been and I have appt with Hip Consultant on the 14th July 2014.

 

Thank you

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Those who know more will be along to answer you properly, but I couldn't just read and go. Two things come to mind here, the first being the struggle you have complying with the wrag rules, but if any of this has made you worse then I would hope the GP could help, and the apt with the hip consultant, if I would get in writing their opinion and if whilst waiting for the op they consider you need to not be under so much physical stress maybe that would help?........I hope someone comes up with the best advice and whatever that is, that it helps you. Good Luck.

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Thank you for the reply.

The original letter from my consultant that I am under for my COPD did a letter and also stated that my ability to walk some days is impossible with my hip.

They dont seem to have taken any notice.

Hopefully as you said someone will be along to help.

Thank you

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Hi, Yes I did and lost.

I was on IB from 1997 then was transferred to ESA in 2012. I was on Contribution Based. This ended in 2013 and I was then transferred to Income based in Dec 2013.

Where next?

 

My hip problem only came to light last November 2013. The DWP was informed of this but I was told there was nothing that could be done with my claim until it is reassed in October 2014.

Edited by bub1
missed off
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When you say you appealed the wrag decision and lost, did you

 

appeal the decision, the DWP sent it to reconsideration and turned you down and left you in the wrag

 

or did you

 

appeal the decision, the DWP took it to reconsideration and stood by their wrag decision so you stated you wanted to appeal and it went to an independent Tribunal and the Tribunal upheld the DWP decision?

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If you're too late for appeal, you can put in for a change in circumstance. Have you looked at the support group descriptors?

 

They can't force you to look for or apply for jobs. You also can't be forced to do things that you can't do and they have to make reasonable adjustments.

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:bub1:

 

I'm guessing this was a conversion award to employment n support allowance from December 2012, praps without a face to face assessment, and possibly without the implications of a time limited award being explained. Nevertheless you're well beyond the absolute limit (thirteen months) for appeal to an employment n support tribunal if you didn't take your appeal that far at the time.

 

So what are your options now?

 

During December 13, you were incorrectly advised that nothing could be done until the recommended time for reassessment. Correct advice should have been to declare worsening condition as a change of circumstances and request reassessment of your limited capability for work related activity. Which is what you should do now, with as much medical evidence and supportive evidence as possible from carer/partner, to your benefit delivery centre about how how far you can reliably and repeatedly walk cos of your arthritis and pulmonary disease. Given the resultant chaos from disputes between Government and Atos, it may be a lengthy wait for a decision. But given that some routine reassessments have been delayed indefinitely, it could be an even longer wait if you don't ask for reassessment.

 

In the meantime, claimants in receipt of employment n support with the work related component shouldn't be hassled by advisers (or work programme providers?) to look for work. Any mandated work related activity should be reasonable for the participant's circumstances and not contraindicated by the ESA85/85A Atos report. Available on request from your benefit delivery centre if you've not already got a copy.

 

http://www.legislation.gov.uk/uksi/2011/1349/regulation/3/made

 

Yes the adviser may try to get you sanctioned for today, but you'll get the chance to explain why it wasn't possible for you to attend. Should a sanction be upheld you may be able to claim hardship (60% to 80% of personal allowance plus work related activity component) from the first day of the sanction.

 

A Med 3 (unfit) note won't help a claimant in your present position, but if you can get one, a supportive letter from your doctor to explain why your condition impairs your ability to undertake the mandated work related activity might.

 

A Med 10 note from a hospital doctor, or a Med 3 (unfit) note from your doctor during the recovery period, should evidence good reason for missing work related activity during your hip operation.

 

Unless you live in Northern Ireland, Belfast is a merely dead letter office. Tasked with sorting all Work n Pensions undeliverable and returned letters. :-)

 

Best wishes, Margaret. :panda:

 

 

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