Argument with JCP Advisor over ESA

flight747

dt3887 wrote: »

right, ok. not as it sounded from your original post,


i get it now.........appart from one thing, there ISNT a monday the 30th of august, not this year anyway...

Yeah i got it wrong, cos I look up the wrong calander ! silly me, it actually 27th Aug till 10th september as my family say.

seven-day-weekend

flight747 wrote: »

I thought WRAG WFI is only once a month ? And also the Tribnal hearing told me WRAG mean I don't have to be ready or fit for work as long it take me. Really so ANGRY and really annoyed with JCP advisor as he had bad attiude against me!

And you don't think there might have been something wrong with YOUR attitude?

I'm glad you got it all sorted out, but there is no need for you to be so aggressive about the JCP advisor.

Notmyrealname

flight747 wrote: »

That's up to me as my doctor say I am not ready for work as I already sent off sick note say unfit for work for another 3 months.

Unfit for all work or just certain types? If you have a leg injury it doesn't stop you doing admin work.

Can't be that bad if you can manage an 8hr+ flight and a fortnight holiday in a foreign country.

shedboy94

flight747 wrote: »

It now been sorted out, I had contact DWP and advise of the holiday was already pre-booked and the tribnal aware of it too and my doctor too. They had now cancel my WFI interview on 7th September and push it forward to 28th September and they checked on my ESA WRAG and say I was on WRAG for disability reason and the JCP Advisor was given me wrong information and DWP say that I am entitled to 2 weeks holiday a year on WRAG even in UK or Abroad. And they say my ESA isn't on sanctions either. As I did attend first WFI and it only asked me if I am ready for work which I told them No, I ain't ready and they accepted it and apology for JCP advisor is in the wrong and I am glad it all sorted out. And now I can go on holiday on Monday.

I am glad I had the rights to say I ain't ready for work yet. No ones isn't force me to do so. Bloody JCP staff to be sacked for refuse me holiday.

If they were sacked then who would give you your benefits that enable you the luxury of a 2 week holiday to Florida?

You seriously need to take a reality check.

I still don't understand why you are unable to work yet are perfectly ok to sit on a plane for 9 hours.........

Muttleythefrog

shedboy94 wrote: »

I still don't understand why you are unable to work yet are perfectly ok to sit on a plane for 9 hours.........

You need to look at the criteria for ESA's WCA... its descriptors. The WCA doesn't test for 'unable to work'... the Op here I understand is in the WRAG of ESA and is appealing to get into Support Group. He's therefore met a benchmark according to the DWP that he has limited capability for work... he's arguing he also has limited capability for work related activity. Issues of whether someone is capable of some types of work but not others are effectively outwith the system in place... doesn't look at that issue... it doesn't actually look at whether you can or cannot work either... not literally. The issue of holiday... this isn't the place for political discussion of whether claimants should be able to go on holiday or get benefits when on holiday... the question is one of what are the actual rules.

Muttleythefrog

dt3887 wrote: »

i agree with above tbh, why should we support your hollidays? IMO if your not fit to work your not fit to go swanning off to florida for 2 weeks.

He hasn't been found 'not fit to work'. The WCA, as above, looks specifically at various areas of function (and some non functional if appropriate) to see if specific levels of disability exist. If sufficient or sufficiently serious ones exist then benchmarks are met for disability leading to award of one of the two main phase components of ESA. If someone can fly on plane for several hours it offers some facts in relation to at least one of the functional areas (sitting) but it certainly would not prevent someone qualifying for either of the two main phase groups. If someone could go on holiday then without details of that holiday there are probably limited facts generated in relation to the WCA functional areas... 'getting about' is one relavant area.

shedboy94

Muttleythefrog wrote: »

He hasn't been found 'not fit to work'. The WCA, as above, looks specifically at various areas of function (and some non functional if appropriate) to see if specific levels of disability exist. If sufficient or sufficiently serious ones exist then benchmarks are met for disability leading to award of one of the two main phase components of ESA. If someone can fly on plane for several hours it offers some facts in relation to at least one of the functional areas (sitting) but it certainly would not prevent someone qualifying for either of the two main phase groups. If someone could go on holiday then without details of that holiday there are probably limited facts generated in relation to the WCA functional areas... 'getting about' is one relavant area.

I think it is more so to do with the point that he is expecting to receive his benefits while swanning off on a 2 week luxury holiday

princessdon

From memory (could be mixing them up with another poster tho) they are D/deaf so flying shouldn't be a problem.

Could be wrong tho

princessdon

It certainly isn't a reason for not working (know many that do) - just found it strange they wouldn't reveal their disability whilst I have memories of it being hearing related.

I am either getting them completely mixed up - or fail to see why they wouldn't have jumped to the defence that their disability doesn't affect flying or holidays, as they are normally very explicit in why they can't work etc.

Or I may be mixing them up ...

Muttleythefrog

shedboy94 wrote: »

I think it is more so to do with the point that he is expecting to receive his benefits while swanning off on a 2 week luxury holiday

What he expects is irrelevant... it doesn't change the rules. And presumably someone on holiday has day to day basic expenses (which is what ESA is there to pay for)... they still need to eat, be clothed etc. The rule seems to be that normally you can go abroad for up to 4 weeks and still get ESA provided you return to UK within a year.