How DEAEP helped Former soldier with ESA Claim – Jayne Linney

Last Updated: November 25, 2014By

Jayne is a director and training officer of the Disability Enabling And Empowerment Project (DEAEP) in Leicester. She writes:

One of the long term cases we are dealing with at  DEAEP  is Burt, he initially came to us for help in January 2014, a deterioration of his health had left him unable to work and in October 2013 he’d claimed ESA. He received an award in January and he’d been placed into WRAG, his range of physical and mental health difficulties were such it was clear he was in the wrong group, therefore  he we supported him submit a mandatory reconsideration (MR) claim to be moved into the Support Group.

In October 2014, Burt received the letter informing him his 365 limit for NI contribution based ESA was ending, so we reapplied for Income based ESA including up to date health information from his specialists demonstrating his further health deterioration.  He was immediately re-awarded and the decision maker had again placed him in WRAG, ergo we resubmitted a MR for inclusion into the Support group.

A fortnight ago Burt received a mandatory Work-focussed interview for today, which we arranged to attend at, and everything was running smoothly until Friday when he received another two letters; one for him to attend a conditionality interview on the following day (Saturday) and the second was the start date for him to begin The Work Programme with A4 on Thursday this week!

Burt immediately phoned the DWP and said he could not possibly get to the JobCentre the next day, but he would be attending today; the call centre operator said this was fine and she believed the letters to be duplicates and to ignore them!

We attended Burt’s interview with him this morning, and after the interviewer explained the reasons for the meeting today, (the changes under Welfare Reform) we entered into a debate as to why Burt was not fit for work. We explained how Burt’s Army induced PTSD and Depression, along with his crushed Spine, Osteoarthritis, Chronic Sciatica and Emphysema; meant he is in constant pain and is fatigued from perpetual Nightmares. Fortunately the personal advisor (PA) we met with was not only willing to listen, she was also suffering from disillusionment with Welfare Reform; she shared with us that before the changes, she as his PA, had the authority to decide which group Burt ought to be in, and in her opinion he should be in the support group. When we asked if there were any approximate  time scales for  MR she said No but the decision makers were still considering our request submitted in January!

She then cancelled  the Conditionality interview and completed the Work Programme Action plan, which was due to be filled at Thursdays appointment, with the statement “customer will respond to or attend all appointments booked by work coach or external advisors“; this allowing either Burt or ourselves the option to advise A4 of non-attendance, until such time the decision makers determine the mandatory reconsideration request.

For me there are Three key points arising from this experience.

Read them on Jayne’s blog.

Follow me on Twitter: @MidWalesMike

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One Comment

  1. jaynel62 November 25, 2014 at 5:56 am - Reply

    Many Thanks – as always xx

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