Tenant on ESA and High Rate Disability

socrates

One of my tenants is on ESA and High Rate Disability - he suffers from epileptic fits - at the moment one every ten days or so, as well as anxiety attacks and severe depression and he cannot sleep with sleeping tablets

His medication has been increased four fold over the last few months and he is having to take tablets for depression and to sleep as he is anxious about having an attack

He was assessed by the doctors and they indicated he is eligible for Work Related ESA or something like that - meaning he can work over the course of time

Since that assessment his condition has got worse

He asked me to go along to the meeting with the advisor at JSP - they told him he has little chance of getting a job - yet they want him to attend work groups to help him get a job!!

I have only come into this matter at a late stage and from the outside looking in - it seems that he has been assessed incorrectly and really should appeal - however I know there are time limits - added to this is he has a minimal command of the language - enough to get by - but not enough to launch a detailed appeal.

What are his options? I believe he is out of his time limit

Furthermore the advisor told him he was entitled to get help from a carer - how is it that he is entitled to a carer but is supposed to be able to work?

He would have to declare to any potential employer that he is an epileptic and has regular attacks - would anyone really employ him under those circumstances?

I may have missed some details out that are needed to answer my questions - please let me know and I will get more information from him

Thanks in advance

enabledebra

Step back. It's great that you want to help and it's fantastic that you are such a helpful landlord but you aren't the best person to help him with this and you shouldn't feel responsible. He can get appropriate help here: http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356

Muttleythefrog

Okay so it sounds like he's getting DLA due to disability and has been found eligible for the Work related activity group (WRAG) of ESA which is his out of work benefit. He's quite likely facing work related activity stuff like Work focussed interviews. It's important to note he cannot be forced to work, take jobs, or seek jobs. He's been found to have limited capability for work and therefore isn't expected to work at this time unless he wants to.

He could appeal the WRAG decision... usually you have to do so in writing (can use GL24 form from DWP) within 4 weeks of receiving the notification of the decision. You can appeal later but you need to show good cause for late appeal. If his heath notably changes he can look at trying to get a supersession... effectively you try to force the DWP to reassess entitlement. In either case he would need to make a case for meeting the Support Group criteria..i.e. that one (or more) of the support group descriptors (or special circumstance criteria that can also qualify for S. Gp.) applies to him. Revelant supporting medical evidence could be vital. Sometimes when time is short to appeal people indicate basic details of appeal in writing to DWP and state they'll send more details shortly, perhaps more evidence too.

It's also worth pointing out that reassessment is regular typically anyway on ESA... the prognosis that ATOS HC have probably given in their report to the DWP (ESA85 if face to face medical or ESA85A if not) will likely be between 6 months and 2 years and it is this which the DWP will likely use to determine next assessment timing. He can request a copy of the report from DWP and of course if challenging a decision he'd need all evidence used ideally in order to be well placed to make his case.

As above... you may be taking a bite from an apple that is full of maggots... he might be best advised to get professional support from the likes of welfare rights of CAB.. problem with these things is limited resources and delays... he may not be in a position to sit waiting for appointments with organisations that may provide great or not so great help. Unfortunately, as you'd come to recognise over time if involved, ESA with the ATOS problems and dreadful DWP admin seems incredibly well designed to really screw up sick people or leave them 'lost in translation'.