Benefit Sanction : Am I being treated fairly

[Estane]

I have been claiming universal credit for around 13 months whilst trying to recover from anxiety and depression. I have on several occasions explained to the DWP that these conditions affect my ability to work and attend scheduled appointments, providing as much medical evidence as doctors will provide.

 

Back in March I missed an appointment during a particularly difficult time for me. I wasn't able to talk to anyone or leave the house. I contacted the DWP as soon as I felt able and arranged another appointment, which I later rescheduled myself, against as a result of my condition.

 

This all happened around 5 months ago. In the last 4 weeks, I was sent a sanction notice for the period. The missed appointment was the trigger, and then rescheduling my next appointment made it longer according to them. This has resulted in me losing almost 3 consecutive months worth of payments (the first one which would have been this week) for missing a single appointment.

 

I contacted citizens advice, who spoke with DWP on my behalf. After speaking with their call centre staff, the charity advised me to seek a mandatory reconsideration and provide the medical evidence which DWP had requested. DWP wanted a medical note, but my GP would only provide me with a medical history as they cannot provide medical notes retroactively.

 

The mandatory reconsideration decision was given today, and it was not overturned. They cited not attending any medical appointments around the time I missed my DWP appointment as reason to enforce the sanction, despite my conditions.

 

Around a year ago, a similar situation arose, where my health condition prevented me from attending some appointments but not all. This particular issue was also addressed by citizens advice, and eventually went to tribunal. At tribunal the DWP argued that since I had attended one appointment during a specific period, I should have been able to attend all of them, which is completely at odds with the nature of my condition and how it can affect my day to day activity. My concern is that they will do this again, resulting in yet another tribunal process being a complete waste of time.

 

I feel as though DWP are running circles around me, taking advantage of my health situation and punishing me for the symptoms it causes. In the meantime I have been able to find work, a government role which begins in a couple of weeks, however I have no financial support to help me through the first couple of weeks of employment and I am worried that the stress of this situation could potentially cause a breakdown (not my first) that forces me to resign.

 

I am not sure what to do, any advice would be much appreciated.

[Bazooka Boo]

Just because they haven't overturned their decision, doesn't mean you can't escalate it further.

 

I do hope you are informing your local MP of that department they are presiding over?

 

Demand they explain why this government is continuing to persecute the poorest weakest members of society with impunity.

[Estane]

I am hesitant about pursuing it further as it seems like it would be a potentially stressful waste of time for me in light of the outcome given last time.

 

I haven't spoken to anyone outside of DWP and citizens advice yet. What would be the best way to go about looping in the local MP?

[Bazooka Boo]

I am hesitant about pursuing it further as it seems like it would be a potentially stressful waste of time for me in light of the outcome given last time.

 

This is why they can continue to act with impunity, because claimants are too afraid of exposing the [edited].

 

If you go onto "write to them", and put your postcode in, then it will show you who your local MP is, and then you can email them from there.

Edited September 3, 2016 by honeybee13
Unsuitable word removed.

[Estane]

Ok, I've emailed my MP. I guess all I can do is wait now. Does this kind of behaviour often get overturned? As I have been entirely unsuccessful in the past, and I don't see how my situation now is any different to then.

[neword]

Hardship payments maybe?

 

Always worth asking about them as your benefit sanctions are causing you further hardship and not helping your current medical conditions. Only 60% of normal payout but better than nothing

 

Just a suggestion ifits possible.

[Estane]

Due to my living arrangements, a loss of benefit will not result in either starvation or homelessness. As such, any applications for hardship have been denied. I was able to secure a food parcel once, to assist with my contributions to the household, but obviously that doesn't help with the more immediate issue of needing to fill my time with more meaningful things.

 

The DWP have insisted that they have funds available to help with travel costs to interviews and for new starters to ensure they can both look for work and accept positions, but they've been very vague whenever the subject has been brought up. Trying to get a concrete answer from their call centre is very much akin to pulling teeth in this regard.

[jason2723637]

I know this is not directly your query but on a side issue have you been on ESA prior or thought about it now? is your current situation stable? you seem to state that you maybe struggling and your not sure if you can reliably do this job you have lined up taking into account of your circumstances in reference to the DWP and their shenanigans....unless you are sure as can be that your close enough to fit for work.

 

 

on your original query the only option unfortunately seems to be the tribunal route and as bazooka said to cc your MP with whose input lets hope its overturned with immediate effect otherwise its tribunal that's if you want to really take it all the way ...they shouldn't penalise you on a "fluctuating condition" if you want to call it that imho

[Estane]

I know this is not directly your query but on a side issue have you been on ESA prior or thought about it now? is your current situation stable? you seem to state that you maybe struggling and your not sure if you can reliably do this job you have lined up taking into account of your circumstances in reference to the DWP and their shenanigans....unless you are sure as can be that your close enough to fit for work.

 

 

on your original query the only option unfortunately seems to be the tribunal route and as bazooka said to cc your MP with whose input lets hope its overturned with immediate effect otherwise its tribunal that's if you want to really take it all the way ...they shouldn't penalise you on a "fluctuating condition" if you want to call it that imho

 

I was on ESA for around 6 months when it was still Jobseekers Allowance. I have made enquiries about it over the last few months, but job centre staff have informed me that it no longer exists, that it's all rolled into Universal Credit now.

[flumps1976]

YEs now you are UC you remain on UC, if you manage to get a fit not from your GP you can call UC to arrange an appointment to have your SOFFW copied and the copy will be sent to the Mail Opening Unit ready to be uploaded for the processing team to access. You will still be subject to a Claimant Commitment whilst waiting for a work capability assessment but you can ask for this to be reviewed to take your health restrictions into account.

[Estane]

YEs now you are UC you remain on UC, if you manage to get a fit not from your GP you can call UC to arrange an appointment to have your SOFFW copied and the copy will be sent to the Mail Opening Unit ready to be uploaded for the processing team to access. You will still be subject to a Claimant Commitment whilst waiting for a work capability assessment but you can ask for this to be reviewed to take your health restrictions into account.

 

I am hoping that the job I am about to start will mean I don't have to, as this request would essentially be identical to what I'm already contesting. Their track record of listening to me so far has been...well, they haven't, clearly. Hell, I'm still waiting for a reemploy referral I put in for a month ago and reminded them of two weeks later...

[jason2723637]

well I don't think there's a difference if you claim ESA you should be put onto it at the assessment rate till your WCA which could take as long as 13 weeks but in the meantime you don't have to look for work in other words you should not be on UC if you feel your not fit for work only thing is you can claim ESA on a new or worsening condition

[flumps1976]

Under the UC rules a claimant still has to follow a claimant commitment and still be taking some activities to seek employment until they have attended a WCA (there are always exceptions e.g. in hosptial or seriously ill. Anxiety, low mood depression do not exempt you automtically from seeking some work and thereofre a revised claimant commitment is needed) Once you are claimin UC you cannot then claim ESA

[jason2723637]

so I presume that means you have to sign off UC to make a new claim for ESA with no CC ?

[flumps1976]

No once you are in receipt of UC you stay on UC, you do not claim ESA. you move "client" groups but will still be subject to a CC until a WCA deems you not fit for work.

[jason2723637]

yeh I get it I had to read up on some sites regarding UC but the logic is obviously not sound why make someone have a CC and sign on with restrictions when they have limited capability for work (lets assumes this is the case) when they didn't during ESA- JSA I mean someone with a psychiatric condition-bi polar or a serious mental health issue their condition can get worse with the stress of signing on or/and looking for work also what happens to EPS? or is this being phased out to

[Estane]

Still waiting on a response from the MP, how long does it typically take?

 

I've also run into a stumbling block with the position I was successful with. The agency handling the vacancy require up to date photographic ID (my passport expired 2 years ago) which I cannot afford due to the sanction.

[Bazooka Boo]

Bus pass??

 

As for your MP, don't hold your breath, most of them actively encourage this bullying of the weakest poorest members of society.

[flumps1976]

If you have a job offer pendign phot ID you can speak to your work caoch and they may be able to access the flexible support fund (not usre they will be able to pay for a renewal passport) but they may be able to suggest an alternative, I know a few people had a provisional driving licence paid for on one occasion.

[jason2723637]

what happens to ESA pending appeal for lets say a first time claimer who failed their WCA and subsequent MR for ESA- UC do they get paid as they used to?

[Bazooka Boo]

what happens to ESA pending appeal for lets say a first time claimer who failed their WCA and subsequent MR for ESA- UC do they get paid as they used to?

 

Can you start a new thread on this.

[Estane]

After going around the houses, I've been able to come to arrangement with the agency and sort out referencing/identification (this is a government employment issue, rather than a result of DWP directly). I'm just waiting for a start date now, subject to the DBS check being completed.

 

In the meantime, I had to attend another interview today at the job centre. I highlighted that I'd need financial help to make it to the job, but they cannot provide anything until I have a definitive start date. They are prepared to offer a bus bass for the first week of employment once I do have one. They would not, however, refund the cost of travelling to the centre itself for the meeting. If I had not been able to borrow the bus fare today I would have been sanctioned again.

 

Still no word from the MP, I'm trying to get in touch with citizens advice right now (their web chat doesn't seem to ever be available) via phone to see what options, if any, are left on the table for me.

 

This system is utterly ridiculous, how anyone could have possibly thought it was an improvement I will never understand.

[Bazooka Boo]

You can of course always turn up to your MP's 'surgery' and speak with them face to face, reminding them of course that they have ignored your initial letter, and can they do anything, or in fact are they willing to do anything to help one of their constituents?

[Estane]

I received a response this morning from my local MP :

 

"Thank you for your letter regarding the Department of Work and Pensions and the trouble you have had with regards to your health, work, and treatment by the DWP. Although I have raised these concerns with the DWP, and asked for a response, I want to make you aware that if you do require a letter of support from myself with regards to any complaint that you wish to make, I will write that letter for you.

I understand from your letter that your new job position will have started by now. Congratulations on the position and I hope that the position suits you as well as you had hoped.

I hope this helps to answer any outstanding questions you may have. If there is anything else I can do for you, please do not hesitate to contact me. "

 

So based on this I'm assuming he's on board at least. I'm going to continue the appeal process, picking up the required forms today, and visit citizens advice to make sure I'm covering all the points I need to. I may hear something back before this is finalised, as I'm aware the process can be rather long. I'll keep you folks posted regardless just in case the information can help others.

 

Thank you.

[Bazooka Boo]

WoW you got a response!!!