help?

tcr_3

Obviously we don't know much about your friend's mental wellbeing. But there are good grounds to appeal. There's a clause in the ESA Regulations which is helping very many people with mental health problems when it comes to their appeals. It's Regulation 29(2)(b), as follows :-

"29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.

2) This paragraph applies if—
(a)the claimant is suffering from a life threatening disease in relation to which—.
(i)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and.
(ii)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure; or.
(b)the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work."

I've seen quite a few people with mental health problems win their appeals on that clause (I'm doing volunteer work with the CAB right now). Perhaps your friend could get advice from their local CAB or Welfare Rights office ? Would they be up to that ?

Either way they need to appeal. They can get the appeal form GL24 from the Job Centre.

Oldernotwiser

melbi_uk wrote: »

Fair points.

However, surely GP's can tell who is trying to pull the wool over their eyes.

I'm afraid that's a really naive point of view.

Oldernotwiser

melbi_uk wrote: »

I seriously believe that you can tell the difference between someone with real mental problems to that of one pretending.

I know when I'm okay, there is no way I could pretend to be depressed or anxious.

I have a friend (not sure if friend is the right word) but she went off sick in January claiming she was depressed and suffering from anxiety. Okay, she has probably seen and heard me tlk/rant and thought she would try it! (I might be wrong)

Anyway, she went on the sick, her GP gave her some AD's and off she went. She used to ring me often to see if I wanted to do lunch or go shopping. Most days I had to decline. Then one day she asked to meet up as she was upset.

She had had her WCA and they had found her fit for work. She told me some of the things they had asked her and she couldn't understand why she had scored no points from her answers. Well I'm sorry but I could.

Don't you see how this statement simply shows that GPs can be fooled? She's obviously not ill and yet her GP prescribed ADs, so she'd obviously fooled him/her.

NASA_2

Blue_Elephant wrote: »

My friend emailed me this in the course of a conversation today, I have edited to remove "language" and suchlike.

Can anyone point us in the right direction? By the way she suffers from psychiatric illness as well as physical illness.

"ESA have stated I'm fit for work and have stopped my benefits. GP says I'm not fit for work and has signed me off, meaning I can't get JSA. ESA say that "my GP says I'm ill" is not a valid excuse for appealing their decision. Of course I'm perfectly capable of working when I have to leave a supermarket 5mins after getting there due to severe knee pain and the sudden urge to hit anyone who so much as looked at me the wrong way (it'll be late-night shopping or online shopping again from now on)."

I don't know the specifics of her illness, as in I can't remember and didn't want to ask again, but I do know that it's chronic, and enough for GP to say she's not fit to work, and hasn't been for a significant amount of time. I know nothing of how the benefits system works and would appreciate some advice?

Thing is, a Med Cert doesnt stop you claiming JSA, and JSA staff have been told that.

When one part of the DWP says 'You are fit for work' the other parts are supposed to respect it if someon then goes to claim JSA. The JSAg can be adjusted to take account of the illness/disability.

Blue_Elephant

Blimey! So many responses! Thank you all for your time and advice, I'll try to answer questions.

My friend's main problem is that DWP have decided that she is not eligible for ESA because she's not ill enough, and on the other hand can't get JSA because the GP says she's too ill to work. she accepts she's probably *able* to do some types of work, obviously she doesn't know how she'd cope on a long term basis until she tries and is prepared to try.

To asknanswer - she's also recently split from her partner who used to do the shopping - sorry I didn't think that was relevant - this was the first time she tried to do the shop on her own and of course tried the ordinary method.

melbi_uk

Oldernotwiser wrote: »

I'm afraid that's a really naive point of view.

I'm a naive person :j

Blue_Elephant

melbi_uk wrote: »

I'm a naive person :j

There are times you want to "like" a forum post :P

melbi_uk

Oldernotwiser wrote: »

Don't you see how this statement simply shows that GPs can be fooled? She's obviously not ill and yet her GP prescribed ADs, so she'd obviously fooled him/her.

Yes I realised after I finished typing it.

I remember a lady coming into the waiting room at the assessment centre yesterday, beautifully dressed, every hair in place, make-up done, the type that makes the average looking female feel intimidated let alone someone hid away in the corner hoping nobody noticed me there.

She marched up to the reception and in one very loud (almost demanding voice) asked the receptionist how long she would be as she had only paid for 1 hour on the car park!

The receptionist couldn't guarantee that she would be out before the hour was up. To this the pristine lady announced in her usual loud voice that she didn't want to start becoming anxious worrying about getting a ticket on her return to the carpark.

Now this lady walked very upright, very confidently, no limp, used both arms with no obvious problems, was very confident and loud. My daughter looked at me and said no way would that woman become anxious!

We spent more time on the way home trying to guess why she was claiming ESA than we did my assessment.

Oops I think I've rambled and forgotten the purpose of this post now

Sorry

Blue_Elephant

NASA wrote: »

Thing is, a Med Cert doesnt stop you claiming JSA, and JSA staff have been told that.

When one part of the DWP says 'You are fit for work' the other parts are supposed to respect it if someon then goes to claim JSA. The JSAg can be adjusted to take account of the illness/disability.

I didn't know that Thank You! I will pass on this info - apologies to people for the multiple posts!

melbi_uk

Blue_Elephant wrote: »

Blimey! So many responses! Thank you all for your time and advice, I'll try to answer questions.

My friend's main problem is that DWP have decided that she is not eligible for ESA because she's not ill enough, and on the other hand can't get JSA because the GP says she's too ill to work. she accepts she's probably *able* to do some types of work, obviously she doesn't know how she'd cope on a long term basis until she tries and is prepared to try.

To asknanswer - she's also recently split from her partner who used to do the shopping - sorry I didn't think that was relevant - this was the first time she tried to do the shop on her own and of course tried the ordinary method.

Arghh! The last time I tried to do the shopping with me daughter I ended up having an anxiety attack smack bang in the middle of the meat isle. I've never been back since and leave the shopping to my OH and daughter.

I hope your friend gets sorted very soon x