ESA Personal Advisor Interview - help needed please

treasures

Dear friends

I am writing on behalf of my daughter.
My daughter suffers from severe mental issues and when under pressure
she blacks out and is unable to remember who she is or anything at all
about her past. We are forever trying to find her after she has had
some sort of pressure and wandered off. She is also in a lot of
physical pain from internal scars.

On 20 July she had to attend an ESA Personal Advisor Interview

She was told at the interview that she has a year in which to find a
job. At least I think that is what she was told as straight after the
interview she phoned and told me this but that is all that she can
remember. Her memory of the interview has gone due to the stress
involved and the thought of having to try and find a job. Her husband
did go along to the interview with her but he is not saying the same
as she is about it. He says that she has 18 months in which to find a
job. Of course that is not the point as whatever happened the thought
of having to find a job and go out to work is causing her so much
stress it is impossible to speak to her or get any sense out of her at
all. There is also the stress involved with the thought that she will
lose her benefits if she does not go out to work at the end of this
period as they find it so difficult to manage as it is. Since the
interview we have been having to watch her constantly to ensure that
she does not wander off as when she does so it is difficult to find
her again.

I am not sure if your site is the one where I can get some help for my
daughter or not. I have registered with it but I do not know where to
go from here. The doctor says that she needs to appeal and get in
touch with Citizens Advice. Is this the best way to go? or other? It
is not helping that I do not have any paperwork about the result of
the interview - all I have is the origianl letter that she was sent
for the interview on the 20th.

Please tell me what to do and where to go from here in order to help her.

Thank you

Cpt.Scarlet

As long as she remains eligible for ESA she is not required to work or even to seek work, although she will be required to take part in work related activity while she is in the WRAG.

If she is receiving contribution based ESA, then she will only receive payments for 12 months, unless she is also eligible for income related ESA or moved to the Support Group

To appeal she is going to have to show she meets one or more of the descriptors for the Support Group. If she does appeal, then she will still be required to attend WFIs although they may defer them, they can also hold them over the phone, and in very rare cases at her home.

trastor

Cpt.Scarlet wrote: »

As long as she remains eligible for ESA she is not required to work or even to seek work, although she will be required to take part in work related activity while she is in the WRAG.

If she is receiving contribution based ESA, then she will only receive payments for 12 months, unless she is also eligible for income related ESA or moved to the Support Group

To appeal she is going to have to show she meets one or more of the descriptors for the Support Group. If she does appeal, then she will still be required to attend WFIs although they may defer them, they can also hold them over the phone, and in very rare cases at her home.

The DWP have now defined that as meaning preparing for work. I am aware of situations were people are being 'pushed' into voluntary employment, training courses and attending similar courses that are run for the the Job Seekers who claim JSA.

It does seem that these agencies that the JC move you on to - 'voluntarily', see ESA claimants as no different to those that claim JSA.
Warnings are known to happen that fail to comply to any reasonable directive can mean loss of benefit.

Yes we all know what should happen, but given the fact that people don't really understand what they can do and can't do and how far the agencies can push you, many if not most go along with whatever is suggested thinking that the agencies must be right.

This is happening more and more. I know of one case where someone is now 'voluntarily' working full time for fear of losing benefit.

The figures I last heard about is that the government want 67% of current sickness and disability benefit claimants off benefit and doing some work - voluntary or paid!

[Deleted User]

I don't know if this will help, but hopefully it will provide a starting point with some links to advice http://www.afteratos.com/advice-sites-forums/

Richie-from-the-Boro

Cait Reilly, just today lost her claim [ECHR / "forced" her to work for free"] against the Government.

Her claim that being [see #19] forced to work for Poundland amounted to slavery and forced labour and therefore breached article 4 of the ECHR.

mynameistallulah

Richie-from-the-Boro wrote: »

Cait Reilly, just today lost her claim [ECHR / "forced" her to work for free"] against the Government.

Her claim that being forced to work for Poundland amounted to slavery and forced labour and therefore breached article 4 of the ECHR.

Thank goodness common sense prevailed - anyone that can compare shop work to "slavery" needs to get into the real world.

mazza111

treasures wrote: »

Dear friends

I am writing on behalf of my daughter.
My daughter suffers from severe mental issues and when under pressure
she blacks out and is unable to remember who she is or anything at all
about her past. We are forever trying to find her after she has had
some sort of pressure and wandered off. She is also in a lot of
physical pain from internal scars.

On 20 July she had to attend an ESA Personal Advisor Interview

She was told at the interview that she has a year in which to find a
job. At least I think that is what she was told as straight after the
interview she phoned and told me this but that is all that she can
remember. Her memory of the interview has gone due to the stress
involved and the thought of having to try and find a job. Her husband
did go along to the interview with her but he is not saying the same
as she is about it. He says that she has 18 months in which to find a
job. Of course that is not the point as whatever happened the thought
of having to find a job and go out to work is causing her so much
stress it is impossible to speak to her or get any sense out of her at
all. There is also the stress involved with the thought that she will
lose her benefits if she does not go out to work at the end of this
period as they find it so difficult to manage as it is. Since the
interview we have been having to watch her constantly to ensure that
she does not wander off as when she does so it is difficult to find
her again.

I am not sure if your site is the one where I can get some help for my
daughter or not. I have registered with it but I do not know where to
go from here. The doctor says that she needs to appeal and get in
touch with Citizens Advice. Is this the best way to go? or other? It
is not helping that I do not have any paperwork about the result of
the interview - all I have is the origianl letter that she was sent
for the interview on the 20th.

Please tell me what to do and where to go from here in order to help her.

Thank you

First of all, she should have appealed the decision to be put into the support group for her condition.

If you are still within the time frame, appeal and get the welfare rights officer at the local social work involved.

Does your daughter have a partner who works? If not she may be able to get income based ESA after the year is up.

Being placed in the Work Related Activity Group doesn't necessarily mean that you need to find work in the space of the year, it could just mean that your benefit will run out, if placed in this group. Every time I go to my WRAG meetings, the adviser can see that I'm in no fit state to return to work at this time. So sends me away again. Usually they tell you what help would be able to get if/when you return to work.

recoverydust

your daughter could contact the nearest mental health advocacy service or her local mind association. (google)
if she has a mental health team she can get a letter to take to or send to her personal advisor about the detrimental impact of the WFI, her gp can also do this, or give her a letter to take
you could ring up and complain that the interview was conducted insensitively and quote the equalities act.
you probably have to get up on your high horse with her husband here
many people have had good results from contacting their mps office, especially if they are tory or libdem - they want to show the new system is working, opposition mps help with a different agenda
this is an issue for everyone - not just the people being broken by going through it
good luck to you
pm me if i can help more
xx