Went to prison - ESA support group lost

Alice_Holt

Mickpeasoup said:

I'm still having suicidal thoughts & was jailed for a serious assault on a stranger, and 1 minor assault - so would this be worth mentioning and present a high probability of placing me in the "substantial risk to myself or others" category, therefore in the LCWRA UC group?
I've self-referred to various mental health agencies and engaged with probation for help, too.

    A bit more info:
   Substantial risk to health applies to both the LCW and the LCWRA groups:
   For the LCW - it applies if there would be a risk to health if found fit for work,
   For LCWRA - it applies if there would be a risk to health if you had to attend work focused interviews (WFI).
   (This is the same as for ESA)
  WFI could include meetings with a work coach, training sessions, or just telephone calls. 
It may be worth you while doing some research around this:
https://www.citizensadvice.org.uk/benefits/universal-credit/what-youll-need-to-do-on-universal-credit/claimant-commitment-what-group/
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Do note that there isn't a specific question on the UC50 form about substantial risk to health, so put relevant info on the other info pages in the form.

Mickpeasoup

Some great info' there, @Alice_Holt, so many thanks. 👍🏻

Since being released from Prison last week, I've self referred to various agencies relating to mental health - so it's now just a waiting game.

Unfortunately, this morning I've received my UC50 capability for work questionnaire - so I just get this grim feeling that they'll find me fit for work due to not currently engaging with any support agencies, as I've only just had chance to do self referrals.

Edit: I do have some letters from jail saying I was engaging with mental health services there, and I also have NHS letters prior to jail saying I was engaging, and it would be detrimental to send me to custody - so would it be worth sending these with the UC50?

I'm just concerned I'll be found fit for work as I'm not "currently" with any mental health service despite my best efforts.

Alice_Holt

Mickpeasoup said:

 I do have some letters from jail saying I was engaging with mental health services there, and I also have NHS letters prior to jail saying I was engaging, and it would be detrimental to send me to custody - so would it be worth sending these with the UC50?

I'm just concerned I'll be found fit for work as I'm not "currently" with any mental health service despite my best efforts.

      I don't see why not.

    This may help in completing the form:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/
(The ESA50 form is the same as the UC50 form) 

poppy12345

Just because you're not engaging with any support doesn't mean you'll be found fit for work. When you fill out the form make sure you put as much relevant information as possible. Adding a few real world examples will also help. There's never enough of room on those forms to include all the information so use extra paper but make sure you add your name and NI number to everything you send.

I'm half way through completely my daughters UC50 form too. I always find it's better for me to do a little at a time and then put it away until the next day. It rather overwheliming otherwise. It's even more difficult when filling it out for someone else. I'm her appointee so it's all down to me. My daughter isn't the slightest bit bothered by any of it. When i first claimed for her i asked if she wanted to see the journal and she replied "no, not really" and went upstairs.

I'm fully expecting her to be given LCWRA and if she doesn't i'll be going all the way to Tribunal.

Good luck with yours and do let us know how you get on.

calcotti

My advice is always to do some 'essay planning'. Skim the form so that you have the sense of the overall shape of the thing. Think about what you want to say and make some notes. Where the form has space for you to write your responses I would simply write "see attached notes". On separate sheets of paper write up what you want to say including your name and NI number on every page and making clear which question the responses relate to. If you are able to do this on a computer this can make it easier to rearrange if you think of more things as you go.

Keep a copy of everything you send.

OP, there are very clearly good and obvious reasons why you are not currently engaged with support services given your recent history. (Once again I am rather shocked that if you were getting mental health support in prison the Prison Service has not done anything to help put ongoing support in place for you upon release - what an appalling system.)

Mickpeasoup

Thanks for the replies, guys.

If I'm failed & found fit for work, what's the appeal process nowadays? What happens with payments pending tribunal, etc'?

Way back, I was found fit for work on ESA assessment, but I won all 3 tribunals.

poppy12345

If found fit for work your usual UC payments will continue. You would then request the MR followed by Tribunal, if needed.