Urgent help with Employment and Support Allowance.

Bubblegirl

I'm unemployed, and have been for nearly three years.
I have Asperger's Syndrome, but am not officially diagnosed - I have problems with face-to-face communication and using a telephone, and since becoming unemployed it's gotten worse.

Despite informing the job centre about these limitations in the past they've only now decided it means I can't work and can't stay on JSA - I was told one rule for JSA is calling agencies weekly, no one had informed me of this previously. During my last appointment they;

- Told me they were going to kick me off JSA.

- Heavily implied I should go on "incapacity" (ESA) although they did not tell me how to imply - they told me if I didn't 'want' to phone I had to search online and see if I could find another way to apply.

- Changed my job seekers agreement so I have to apply for check-out jobs - any job is better than no job, but I resent them suddenly deciding this is all I'm capable of doing, before this they were encouraging me to go for my nursing degree. Their whole attitude was very demeaning.

- Changed my job seekers agreement so as well as phoning agencies I have to apply in person - A. this is difficult for me, and B. I have no way of printing CV's. They KNOW I can't manage these things, it seems they did this to make it easier to get me off JSA.

I had a meltdown at the job centre because of all this...HUGELY embarrassing/upsetting, also this lead them to imply I had mental health problems, and that going on ESA short-term would somehow help. I'm frustrated and not sure what to do about all this. In my opinion they should be sending me to a disability advisor to help me back into work, not trying to put me onto ESA.

SOOOOOO...

CAB advised me they can't do anything until I'm kicked off JSA, that I should be able to apply for ESA but they doubt I'd get it - in theory they'd have to let me stay on JSA if they don't allow me on ESA. I was also advised to give the job centre something in writing explaining my situation - although I'm not sure what to write. I didn't ask for any detail about what happens when applying for ESA.

I went to my GP to get a sick note for 'social phobia/anxiety' that included problems with phone and face-to-face - this is for four weeks. My GP wasn't able to tell me how to apply for ESA either.

I applied for ESA online.
A few days later I had a letter saying they'd been trying to get in touch with me (no, they haven't), and unless I want my claim closed I should phone them!! There's no way to contact them via email either, it strikes me as very strange that a department dealing with disability only really give the option to apply via phone and ignore the disabilities clients have just informed them about.

I have another appointment at the job centre tomorrow.
I'm scared I'm going to be kicked off JSA, or as I'm still feeling emotionaly raw after last time I may have another meltdown, it's not nice to have other people see you like that, and means I'm even less likely to be able to communicate with them to sort things out.


What has to happen to get onto ESA?
Nothing on direct.gov really explains it, do I need to be on sick first? How would they determine if I was able to go on ESA or not? How long does it take to get onto ESA?

How do I apply for ESA?
I applied online with no luck, is there a form I can get from somewhere to do it via mail? Can I get someone else to phone them on my behalf?

Can I go on sick from JSA?
I have the sick-note from my GP, so can this be used to get me off JSA even if just for a couple of weeks? It's not much, but enough so I can avoid dealing with these people for a few weeks, which would hugely benefit my mental health right now! Do I just hand over the sick-note during my next job centre appointment?

What happens on ESA?
Lets say I'm on ESA, does this mean I just get forgotten about or do they have to give me some sort of support?

Can I demand support?
I CAN work and I WANT to work, I just need some support in figuring out how to apply for work and general help getting back into work. On either JSA or ESA can I demand they give me support, or am I being naive in expecting they should help disabled people like me?

I'm so confused, please help

dmg24

Have you been on JSA for three years?

What do you mean by I have Asperger's Syndrome, but am not officially diagnosed?

NASA_2

You can fill in and complete an ESA1 http://www.dwp.gov.uk/advisers/claimforms/esa1.pdf but you need to be able to print it out.

Its unrealistic to think that you wont need to use the phone at some point though to pursue your claim. Personally I hate speaking to people on the phone too, but there are times I just need to do so, and cant avoid it. You will need to do so too or get someone else to do so on your behalf.

dmg24

NASA wrote: »

You can fill in and complete an ESA1 http://www.dwp.gov.uk/advisers/claimforms/esa1.pdf but you need to be able to print it out.

Its unrealistic to think that you wont need to use the phone at some point though to pursue your claim. Personally I hate speaking to people on the phone too, but there are times I just need to do so, and cant avoid it. You will need to do so too or get someone else to do so on your behalf.

It is possible to go through the whole claim process without using a phone. The JCP can either complete the paperwork in a face to face interview, or if that is not practical they can issue a paper claim form, and correspond with the claimant by post.

NASA_2

dmg24 wrote: »

It is possible to go through the whole claim process without using a phone. The JCP can either complete the paperwork in a face to face interview, or if that is not practical they can issue a paper claim form, and correspond with the claimant by post.

If the claimant is able to go weeks without money more or less every other month then that is fine. As, in most cases, the BDC will only become aware of the problem when someone contacts them, and assuming the letter reaches the right person in a timely manner (Does happen but not always - even when its personal post:wall:).

The OP also said that they have problems with FtF interviews which is why I wasnt offering that as a solution. Though I personally, for whatever reason, do prefer FtF contact than phone contact in some scenarios.

If the OP is prepared for pretty long delays at each stage of claim then they are free to use the postal system.

I would advise getting an appointee involved if the illness is so bad that they cant face talking to those dealing with their money.

dmg24

NASA wrote: »

If the claimant is able to go weeks without money more or less every other month then that is fine. As, in most cases, the BDC will only become aware of the problem when someone contacts them, and assuming the letter reaches the right person in a timely manner (Does happen but not always - even when its personal post:wall:).

The OP also said that they have problems with FtF interviews which is why I wasnt offering that as a solution. Though I personally, for whatever reason, do prefer FtF contact than phone contact in some scenarios.

If the OP is prepared for pretty long delays at each stage of claim then they are free to use the postal system.

I would advise getting an appointee involved if the illness is so bad that they cant face talking to those dealing with their money.

I have done postal claims myself. As long as you can find a point of contact at the BDC there should be few delays, and these certainly should not amount to weeks. I cannot see why you suggest that delays would occur past the initial claim, as med certs would still need to be posted in irrespective of how the original claim was made.

For some people it is not a case of just needing to do so and using the phone, it is just not possible - that is the difference between simply not liking using the phone and having a MH condition that causes such a barrier.

NASA_2

dmg24 wrote: »

For some people it is not a case of just needing to do so and using the phone, it is just not possible - that is the difference between simply not liking using the phone and having a MH condition that causes such a barrier.

No !!!! sherlock. I think I recognised that fact in my previous posts, if not, then let me state it totally unambiguously. I fully appreciate that some people cant face using the phone at all - cant leave the house at all. That's possibly why I suggested an appointee (While recognising that people who have appointees arent necessarily housebound and unable to use phone).

I wholly understand the need for postal claims but they take longer to deal with than teleclaims. And a letter does arrive later, if it arrives at all, than a phone call does.

I'm not sure why you are nitpicking, though I can guess, but I think there are better routes than the all post one. The OP may have someone that can act on their behalf, and able to use the phone, that to me seems the best option.

Breast_Cancer_Survivor

NASA wrote: »

No !!!! sherlock. I think I recognised that fact in my previous posts, if not, then let me state it totally unambiguously. I fully appreciate that some people cant face using the phone at all - cant leave the house at all. That's possibly why I suggested an appointee (While recognising that people who have appointees arent necessarily housebound and unable to use phone).

I wholly understand the need for postal claims but they take longer to deal with than teleclaims. And a letter does arrive later, if it arrives at all, than a phone call does.

I'm not sure why you are nitpicking, though I can guess, but I think there are better routes than the all post one. The OP may have someone that can act on their behalf, and able to use the phone, that to me seems the best option.

I agree.

Maybe the op has a friend of family member that could call on her behalf obviously with the op's permission.

I've done this for my sister before as i'm better on the phone than face to face & she is better the other way round.

Benefits_Bod

NASA wrote: »

That's possibly why I suggested an appointee

Being an appointee for DWP benefits and/or HB/CTB is a double edged sword. It puts that person in a position where s/he *could* be held liable for any overpayment(s). Further, it could inadvertently limit the way in which a claimant's rights would otherwise be viewed. A couple of examples are as follows:

1) responding to requests for evidence / information. The law provides for extensions of time where "reasonable" (notwithstanding the sometimes arbitrary nature of the way this is interprested). A claimant with difficulties in managing their affairs should be treated differently to someone (e.g. an appointee) who is "switched-on".

2) backdating for, say, HB/CTB ("working age"): that requires "good cause" to be shown by the claimant where there is no appointee / attorney etc. If a claimant has difficulties as described above, the bar would be higher where there is an appointee / attorney.

Based on experience, I would generally advise against becoming a formal appointee if at all possible - assistance can still be given by friends but without the formal status that brings all the duties and responsibilities with it.

Loosely following the above, a couple of further points:

- being an appointee for a DWP benefit does not automatically cover HB/CTB and vice-versa.

- where help is given by a friend (non-appontees etc) to fill in a form that asks for the signature of that friend (or advisor), I advise the friend / advisor to clear state, by the signature, "...as a scribe...". The idea behind this is to try and avoid any possibility of the friend or advisor being open to an accusation of "misrepresentation".

NASA_2

The appointee would, presumably, read the part of the BF56 where it states the situation regarding overpayments. They are declaring they are aware of that fact.

Given the level of ignorance of 'informed consent' by DWP call centre staff I still think appointee is the way to go. Saves on the DPA being quoted at the third party.

Its for the OP to decide in any case. If they have been on JSA until recently its possible that FtF is a possibility.