ESA letter with appointment to see work coach
Comments
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I've been recommended a solicitor who specialises in appeals. Legal aid I think as well. Having phone consultation soon to see where I go from here.
Got another letter today from d w p and I am still on ESA and can appeal.
I was just thinking. .when I go to see the work coach and they ask what my barriers are to finding work. .do I just say. .ermmm. .vertigo (been hospitalised for it). .depression. .migraines. .bulimia. . anxiety etc.
How can you help with that please?
Can I also ask. .does the work coach make a decision as to when they think you're fit for work. .say I manage the things she suggests. .can she in a couple of months time put me on JSA? Also do you get housing benefit on JSA? I'm thinking worse case scenario I find a way to earn a hundred pounds a week so still get housing benefits and work from there.
Thanks.
Also I've been reading other threads on here. .why do people not come back and update their situation for the people that have helped them?0 -
Oh and by the way Alice and poppy. .I see you're both helpful on these threads. .thanks.
I will chat to solicitor and if no luck will contact cab. I can't grasp the descriptors.0 -
You will need to make sure that there will be no charge for the solicitor before speaking to them. You won't get legal aid for benefit appeals. Speaking to CAB or the likes is your best option.I've been recommended a solicitor who specialises in appeals. Legal aid I think as well. Having phone consultation soon to see where I go from here.
Got another letter today from d w p and I am still on ESA and can appeal.
I was just thinking. .when I go to see the work coach and they ask what my barriers are to finding work. .do I just say. .ermmm. .vertigo (been hospitalised for it). .depression. .migraines. .bulimia. . anxiety etc.
How can you help with that please?
Can I also ask. .does the work coach make a decision as to when they think you're fit for work. .say I manage the things she suggests. .can she in a couple of months time put me on JSA? Also do you get housing benefit on JSA? I'm thinking worse case scenario I find a way to earn a hundred pounds a week so still get housing benefits and work from there.
Thanks.
Also I've been reading other threads on here. .why do people not come back and update their situation for the people that have helped them?
As i have no idea on how your conditions affect you, i can't comment on that question.
Your work coach will not make a decision on your fitness to work and they won't transfer you to JSA. These interviews are purely to prepare you for work sometime in the future.0 -
So, I get it now thankyou very much. Yes, the descriptors - one of them I'm sure gets me into SG, I'm going to take another look. I wonder if I ask for an MC I'll still have to go for the work thingy interview? They have hit me with an appointment next Monday. Monday!! I'll go but I';ll be drugged to the hilt so would rather not as I'm going to look a slurring fool.
Rah!!
Thanks again!
If you go for MC
https://www.gov.uk/mandatory-reconsideration
https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp
Good Luck
.....................Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
I think my descriptor is the one about always excludes social engagement due to stress. Now my social anxiety is back to front. I can't let people get to know me. .so no partner for ten years. .no contact with family and barely any friends. I rarely go on social events but I can talk to shop assistants etc. I'll also be able to chat to my work coach OK. .to start with. After that when she's getting to know me I'll start analysing how useless I am and that's when I start having the bulimia. .going in suicide forums etc. So I'm not sure if that's fits because I don't know anyone like me. .however the info I gave on the original ESA form should be the same and I was put in the support group then. .thing is when I go to these assessments I'm OK is as not going to see them again. I was even showing off at my recent one displaying how flexible I am. .If you go for MC
https://www.gov.uk/mandatory-reconsideration
https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp
Good Luck
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I'll be a bit druggy when I go to wfi but I don't think no one is going to get my type of anxiety.
Just cos I'm on my own and suicidally lonely as can't make connections. .well we shall see. But today been to supermarket quite happily.0 -
I think my descriptor is the one about always excludes social engagement due to stress. Now my social anxiety is back to front. I can't let people get to know me. .so no partner for ten years. .no contact with family and barely any friends. I rarely go on social events but I can talk to shop assistants etc. I'll also be able to chat to my work coach OK. .to start with. After that when she's getting to know me So I'm not sure if that's fits because I don't know anyone like me. .however the info I gave on the original ESA form should be the same and I was put in the support group then. .thing is when I go to these assessments I'm OK is as not going to see them again. I was even showing off at my recent one displaying how flexible I am. .
I'll be a bit druggy when I go to wfi but I don't think no one is going to get my type of anxiety.
Just cos I'm on my own and suicidally lonely as can't make connections. .well we shall see. But today been to supermarket quite happily.
I would suggest you also see if you can qualify under Reg 35 (risk to health if you need to engage in work focus interviews).
The SG social engagement descriptor Is:
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.
(Though note that always has a slightly different meaning here. A legal ruling decided it does not mean "at all times").
Look at the WCA handbook - page 130 for more info on how this is interpreted - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/715195/wca-handbook.pdf
(Page 139 has info on risk to health - Reg 35).
What you have written here - " I'll start analysing how useless I am and that's when I start having the bulimia. .going in suicide forums etc." may well fit into Reg 35. Also think about how you would be in groups, training sessions etc.
I'd be inclined to add Reg 35 to your appeal as well as social engagement.
Would your GP / CPN / other health professional confirm a risk to health?
The after effects of WFI meetings should be taken into account.
Benefits & Work have helpful info in their guides on Reg 35 - (but membership is c. £20 pa).
"Would work-related activities be likely to cause:
- an increase in symptoms
- a change in medicat
- an increase in medical input
- hospital admission
- an increase in attendance at hospital?
Is your health condition stable? If not, what has caused any deteriorations in the past and
would work-related activity be likely to engage any of these triggers?"Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Thanks very much Alice. Interesting to read they don't place much emphasis on suicidal thoughts. I suppose anyone could say that though. I'm going to give this a go. Thanks again. Xx0
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Interesting to read they don't place much emphasis on suicidal thoughts. I suppose anyone could say that though.
There were some changes to DWP guidance a couple years back that diluted the suicide risk element. However, that was only DWP guidance for their decision makers, the law / regulations didn't change.
Any tribunal is likely to take suicidal thoughts into account. Particularly if they find the appellant credible and if there is supporting medical evidence.
The risk is not just around suicide, but to mental health generally. Stressful events leading to suicidal thoughts, might well indicate to a tribunal (along with other symptoms) that there is significant risk to mental health.
Whereas the SG group descriptors are quite precise and contained, Reg 35 is much more inclusive. For instance, how you feel after a WFI - how this affects your mental health. There are a number of factors that can be brought into a case for Reg 35.
Keeping notes / a diary can be useful to build a case, and give examples / typical week scenario to talk to the tribunal panel about.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Thanks again Alice.
Well I had my meeting with the Job Center and it actually made me feel good. I went in trying hard to impress them - there was another woman in the back taking notes. But I fell apart and struggled to speak. They were both so lovely. They are sending me info re a course about confidence - I don't have to go on it but might give it a try. She is contacting me again in three months time.
I have all the info I need now thanks to this thread. I am going to try and get back into SG but I do have to say there was no pressure and I think they understood.0 -
Hi all,
I'm just putting my MR in. Can I mention a particular SG descriptor in my letter? They aren't meant to be private are they (IE, not for our eyes but I've managed to get hold of a copy anyway kind of thing). I'm confused as I can't find the following descriptor on the ESA50 form:
Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.
I want to mention the Work Capability Handbook where it says about social isolation. I also want to mention the particular descriptor I feel I fit into and also the Exceptional Circumstances part, but filling in the MR form it just has space for me to tell them why I disagree with their decision and nothing about descriptors WCH or EC's.
Thanks.0
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