Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.

ESA f2f cancelled then i get new FTF

steve2017steve2017 Member Posts: 4 Listener
Hi everyone i have serious anxiety and depression problems i cant talk to no-one nor go out fo house if i feel at all threatened in anyway i will attack that person for eample the poor EOn meter reading guy got it.I have suffered from this most of my life and i am on a lot of medication to try and control my moods,sleeping patterns and general well being.

In april i got an appoinment to goto a f2f for ESA but due to my current health my carer contacted them and explained theres no way i could go as it would be dangerous for myself as well as other people around me they stated that they needed a fax from my doctor stating this and my doctor did exactly what was requested a few days later i received a letter saying F2F cancelled and if i want to know more contact jobcentre plus in which my carer did.They needed to speak to me and i was freaking out on telephone crying screaming shaking etc and the lady asked me to put carer back on as she was concerned about my well being.

The lady at jobcentre plus explained to my carer that they had cancelled the appointment due to risks of danger to the doctors ,patients and general publicbecause of what was put on the forms and information from my doctors and they have sent all files to the ajudicator and we would hear from them in a few weeks.My carer did state that a home visit would be really needed.She also sent my carer a form to fill in to toally take over everything to do with jobcentre and control my benefits in her bank as she told her i sounded very bad and that was what was needed.

Today i received another letter stating that an assessment still needs to be done and they have now paid for a taxi for me to attend and take me home i panicked yet again got myself into another state damaged my home etc so i contacted them myself considering i cant speak to no-one it was very difficult but after a while the guy on phone told me a home visit was declined due to risks of saftey and wellbeing of the assesors.I told them that a strange taxi driver there is a high chance that i could attack him if i feel threatened or vulnerable which is dangerous to him and when i goto the centre it will be a lot worse at this point i was in a state and asked him if my carer could finish the call which she did.The guy told my carer he was very concerned that no one is listening to the warnings on the medical records as it has a red flag on it stating dangerous situation could occur but a medical has still been sent out he told my carer that he was going to get in touch with the benefits agency as he couldnt do anything but will ring my carer back once he has spoken to them he hasnt just yet but will give him time.

Can someone help me understand i am in a terrible state at prsent crying shaking and i have even vomited from this as i am very scared as i dont know what to do.I constantly hear voices and see shadows and i am frightened that i could hurt someone but they dont seem to care my psychiatric person is concerned too.

any advise on what to do will be helpfull

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi Steve,

    The ESA regulations actually provide for this situation at regulation 35(2):-http://www.legislation.gov.uk/uksi/2008/794/regulation/35/made

    Which states that in circumstances where there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity, then they should be placed in the Support Group without further ado.

    Granted, it is not common place for the DWP to agree to award this without making an assessment, however in your case it seems two assessments of a sort have already been made (1) it wouldn't be safe to ask you to attend a f2f, and (2) it wouldn't be safe to get someone to attend your home for a f2f; therefore there seems to me a strong case that you shouldn't be required to attend a medical at all - regulation 23 of the ESA regs only provides that the DWP can call people for a medical, but they don't have to if they have sufficient information to make a decision without one.

    The difficulty with all this is, that in practical terms you may have difficulty in persuading the DWP to make a decision on the evidence they have, before your benefit gets stops for your failure to comply with the medical request. I would say that your best shot at doing so is probably a complaint to the relevant Complaints resolution team. I'm based in the northwest of England so only know their email address off hand, which is [email protected] there are different teams for different areas, but the email addresses are all online. If you're going to go down this route, I would send it URGENT COMPLAINT and explain the situation, and ask them to make a decision on your case without a medical for the reasons you state - attaching the medical evidence from your GP. I'd set it out broadly chronologically as you have done above.

    If your benefit stops because you haven't attended you would have a right of appeal.

    Option B is to just attend the medical, and on their heads be it not yours.

    Hope this helps - good luck with it.

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • steve2017steve2017 Member Posts: 4 Listener
    Thanks Mary.

    If the guy rings back my carer has said she will tell them ok i will attend the medical but things have to be put in place for example i cant sit in a waiting room so a room needs to be made available for me walking through the door to keep me away from others and also she is requesting that all of the medical is recorded and she wants to state that they accept responsibility for anything that happens if things dont go well to protect me as they dont seem to care
  • steve2017steve2017 Member Posts: 4 Listener
    the guy has rang back and he has told my carer that hes very concerned and that he has sent the medical file back to the dwp to have the medical evidence reviewed as he feels that it hasnt been reviewed properly and it would be too dangerous for myself and opthers around me.He stated theres no garentee that i wont need to attend a medical but if i do get one to ignore it and they will send a form out to fill in to why i didnt attend and too put the reasons on it.
  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    So sorry to hear of your ecperience and hope its resolved in your favour asap 

    I would like to know the outcome as so many are in a similar position and affecting peoples health making them even worse 

    I hope youre coping under the circumstances 

  • steve2017steve2017 Member Posts: 4 Listener
    My doctor was very concerned and she dsent another fax and they guy who asked for my evidence to be looked at again contacted me and told me everything is fine now appointment cancelled and they are using information they have i dont need a F2F no longer i have been ill over this i just hope i can start to settle now.
Sign in or join us to comment.