Being moved from support group to work-related activity

CalippoKing

Hi, really hope someone can help.

I had an assessment a few weeks ago for employment and support allowance (i don't get PIP just this). he had to come to my house as i don't leave the house. the assessor only stayed for about 10 minutes and told me there would be no problem as i clearly wasn't fit for work.

I suffer from anxiety and depression and haven't regularly left the house since 2002. i last left the house in 2015 as my mother was ill and i had to go shop around the corner or we would have no electric and gas. i told the assessor this, told him how it badly affected me and my anxiety had gotten worse since then. the letter i received tells me i'll have to attend work-focused interviews at the job centre which of course i can't do.

I've no idea what to do other than appeal. any advice would be appreciated

Thanks

calcotti

Guidance on how to challenge the decision is here https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-benefit-decision-where-to-start/

Robbie64

I would phone up the DWP and ask for a copy of the assessment report (form ESA85) and also a copy of the Decision Makers decision (form LT54). The person you speak to will be able to get the ESA85 sent out but I believe they will need to send an email to the Benefit Delivery Office to have the form sent out.


You will then be able to see why you have been moved from the Support Group to WRAG. If you disagree with what is on the report / decision form you can use this as the basis for your mandatory reconsideration / appeal.


I don't know if it still the same now but a few years ago anyone who was appealing against a decision to be placed in the WRAG rather than SG could ask for any work focussed interviews (WFI) to be deferred until after the appeal had been decided. If all else fails if you can show good reason why you cannot attend a WFI then the DWP should give you the benefit of the doubt and not sanction you if you do not attend a WFI at the office. A letter from a GP or other health professional can often help. At the very least until the appeal is sorted the DWP should consider offering a telephone appointment rather than requiring you to do something that you are unable to do. Sometimes quoting the Equalities Act 2010 (where the DWP have to make reasonable adjustments for someone with a disability that is recognised under the act


https://www.citizensadvice.org.uk/consumer/discrimination-in-the-provision-of-goods-and-services/discrimination-in-the-provision-of-goods-and-services1/discrimination-in-services-provided-by-a-public-authority/common-situations/disability-discrimination-and-welfare-benefits/


A telephone interview is one example of a reasonable adjustment for someone who cannot attend the office because of mental health problems.

[Deleted User]

OP why haven't you applied for PIP?

CalippoKing

Thanks for the advice hopefully can get it sorted today.

venison wrote: »

OP why haven't you applied for PIP?

I applied for PIP (can't remember what it was called when i applied) at the same time as ESA but was turned down and at the time i was just happy to be getting anything so stupidly didn't appeal.

Robbie64

^
You can always reapply for PIP.

CalippoKing

Will be doing that

Recieved a copy of the assessment report today and i'm seriously angry and feel conned.

As i said above he talked to me for less than 10 minutes, i've been told it should have been upto half an hour. he says i have a smart phone and have no problems using it. i don't have a smart phone and he never asked. i think he saw my ipod on the table and just decided to write something, that's the only explanation i can can think of.

He said i had no problems with eye contact, something i've always had a problem with. at the appointment he barely looked at me and i kept looking over to see what he was doing so somehow thats eye contact.

He wrote i've been diagnosed with agoraphobia, he never asked what i'd been diagnosed with and has not contacted my doctor or the therapist i used to talk to on the phone.

He saw an old Xbox360 at the house and asked me if i played i said yeah sometimes and then i mentioned a playstation, he quickly switched to another topic and has wrote i have no problems playing xbox and playstation. i don't play online i play games on my own which he never asked.

Apparently just looking like i can dress myself and have a shave means everythings hunky dory. it's like having anxiety and depression has to mean i'm completely useless. I'd shaved my head and shaved my beard off a week or so before the appoinment, it was during that heatwave that seems to have been taken that i look after myself. i've gone months without shaving or having a haircut but again he didn't ask

There's so many other things it's like a joke, most of the form isn't filled in. i just don't know how i'm supposed to prove he's lied. i feel so frustrated

Sheepski

Basically by writing what you've just written there; about why his conclusions and summaries are incorrect

poppy12345

You can't prove the lies because it's your word against theirs. What you need to do is prove why you should be in the Support Group. DWP and Tribunal won't be interested in any lies told in the report.



They very rarely contact anyone for any evidence so it doesn't surprise me at all that no one was contacted. The onus is on you to make sure evidence is sent to support your claim.


Knowing the reasons why you were previously in the Support Group will help because if those reasons still apply then you can concentrate on those for the MR and Tribunal.


See descriptors here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


Reg35 here https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

Jetjet13

Hi there I done my MR and found out they have changed the original decision they stopped my ESA started appeal process and thankfully the decision has been changed at the M R stage they have also placed me in the support group, I hope this gives you a bit of confidence to start your appeal good luck