ESA moved from support group to WRAG

Daisychains

Hi,

I have recently found out that after my recent ESA medical I've been put into the WRAG for 18 months (previously was in support group for around 7 months). I have been sectioned during some of that time and an havjng intensive therapy and the stress from this is making my self harming flare up.

If I appeal this to be put into the support group with the mandatory reconsideration is there a risk of them taking my benefit off me all together or will I stay in WRAG? (I've heard some horror stories).

I have severe mental health problems and am unable to leave the house without support, the only person who can support me works full time. If I am called into a job centre appointment will they let me re-arrange it so this person can attend with me?

Is it possible to have work focused interviews over the phone or at home? Would I need a doctors letter to get this? If I write them a letter or phone them to explain my difficulties getting out would this help?

Will I be forced into work or to do voluntary work?

Also how often are work focused interviews on average?

Thank you x

Torry_Quine

yes you can appeal to be put into the support group but you do run the risk of loosing your ESA altogether.

WFI can be done over the phone, you will not be forced into work. the frequency is not standardised. In my case I haven't been contacted about one for over a year.

Daisychains

Thank you for replying

I don't think I'll bother appealing as its just extra stress

Hopefully they will let me do a phone interview if they contact me

Thanks

Bananas123

hello,

don't be disheartened,

if you were in the support group, and your condition is similar / worsened, and you are not happy with the descion (>not to mention it is making you iller) > then there is reason to appeal no ?.

also, the things you have said, is suggestive you should have been in the support group.

> i would definately appeal if i were you, unless you wanted to engage in "work related activity" etc,

i think for a single person, on income related there is only a ~£6 differential, BUT if the desciion is making you ill > you are probably not capable of work related activiy anyway, logically.

also at tribunal you get to see a judge and doctor to present your problems to > AND your claim is looked at ALOT more in-depth then the process previously.

> if you were sectioned (away from "society") > then they can NOT expect you to work / WRA, that is ridiculous (as example).

---

also, you just wait for mandatory reconsideration, and then just tell them you want to appeal if you are not put in support > it's just sending them the request off (not as stressfull to instigate as you may be thinking potentially ?)

then you SHOULD have (months guessing) to prepare for the tribunal, you may feel dejected now, but not neccesarily so at that time ?

also you have to think about your future < (i know not easy for someone with mental illness).

they could rule against you in theory, and i don't know obviously, but from all you have said (available info, processed by my head (often prone to error) < they should have put you in the support group.

kind regards,

TELLIT01

Although it is true that there is a risk of losing benefit entirely if you request a mandatory recon, the risk is very small. The person doing the recon will be looking to see if any of the descriptors have been under valued rather than looking for ways to get you off benefit entirely. As Bananas123 said, you really should request the recon and give the explanation you have given in your post here.

Alice_Holt

I think you may have grounds under S35 of the ESa regs.

S35 provides that if you would be at significant risk to your health (mental or physical) by participating
in the work related activities then you should be placed in the Support Group.

Some info here:
http://www.cpag.org.uk/content/making-exception

https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

https://docs.google.com/document/d/1L7xojWHTknlmtLlDl_GupAwnMkPhLrdefRHoA1h2rNk/edit

Could you get help from your local CAB to appeal?
Would you GP support you (see above letter template)?
Why were you placed in the Support Group before? Has this changed?
Are you receiving DLA / PIP ?

nannytone_2

since you were previously in the support group, do you know which support group descriptor you met before?
do you still meet that descriptor?

Bananas123

sorry q's >

they can't force you to do anything (although they can "sanction" you (withold benefit), BUT it has to be on good grounds (they have to take your illnes(s) into account etc).

---

there is ALOT of random "work focused" things to do,

volunteering, basic education (collegel lvl 1's (with placed people in "similar circumstance"(from jsa etc)), working on your C.V, getting sent for seminars (?) (or correct word)

> if you ask (or with me), you can kind of "pick", but there obviously not going to let you, go eat icecream somewhere ("choose volunteering; and then sherk responsibilities") as opposed to doing things they would prefer... (can't just regularly suggest / manipulate the lowest potential effort, as the one you want, or they will get annoyed).

---

some WFI's have come as regulary as 1 month intervals, others there's been like 6 month gaps, the most recent one i had was some time in late april, and i have another one 1st july....

i have seen them like 8 times (?) (maybe more ?) over a 2 year interval (although not sure).

but you would imagine it is subjective > i.e. if they think you can do more, then you are currently doing, then you would imagine they would be more regulary.

/\ that is completely guessing though.

---

BUT if you are not capable of the activity, then it is going to make you ill etc, thus not really something to be considered.

regards

Daisychains

Hi,

Yes I claim PIP (enhanced care and standard mobility I think)

I was put into the support group before with around 35 points and special rules applied (multiple suicide attempts)

The thought of appealing scares me. If I failed I think id rather kill my self than claim jsa purely because I can not work and can not leave the house apart from to monthly therapy and dr appointments.

There is no way I could volunteer - i have done this in the past anyway before becoming seriously unwell and didn't feel it benefited me, I have also worked full time and have a fairly up to date cv so dot need to go on courses for this or anything (at least in my opinion, JC might think different!)

I could certainly cope with phone calls from them now and again, perhaps I would even be able to attend the job centre once a month if dosed up on my meds and accompanied bjt this would cause me huge stress.

I think I will wait and see if they contact me about an appointment. If they say it can't be done over the phone then I will appeal, although I understand it has to be within 30 days. I'm at a loss tbh. Thank you guys x

System

Alice_Holt wrote: »

I think you may have grounds under S35 of the ESa regs.

S35 provides that if you would be at significant risk to your health (mental or physical) by participating
in the work related activities then you should be placed in the Support Group.

Some info here:
http://www.cpag.org.uk/content/making-exception

https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

https://docs.google.com/document/d/1L7xojWHTknlmtLlDl_GupAwnMkPhLrdefRHoA1h2rNk/edit

Could you get help from your local CAB to appeal?
Would you GP support you (see above letter template)?
Why were you placed in the Support Group before? Has this changed?
Are you receiving DLA / PIP ?

This

I would think in your situation this would still apply

I was in the support group for 3 1/2 years based on this descriptor and without this meaning to sound bad, i think your situation is worse than mine (MH wise). If you have facebook there is an advocate group called Fightback (For Justice) and i think they would be able to help you appeal. https://www.facebook.com/FightBack4Justice/?fref=ts
I'm sorry you;re going through this, i know how it feels to be have the threat of losing everything when you know you're too ill to work. I hope you can successfully appeal

Bananas123

Daisychains wrote: »

I have also worked full time and have a fairly up to date cv so dot need to go on courses for this or anything (at least in my opinion, JC might think different!)

YUP!.

...also if they catch on to you thinking, that you are more qualified, then that's kind of frowned upon too... (although much dependant on your advisor / rapport too)

but if you have a genuine interest in something on offer, or need to socialise etc, it can be of big benefit i think,

> you can request to do those things from the support group i believe though, also < (don't all sick people rush at once!!)