failing there Esa work assessment due to mental health?

Nowheretorun

Hi All 
I am a mental health sufferer 
is anyone else failing there Esa work assessment because there doesn’t seem to be any section of the assessment that covers mental health 
I’m not lazy I just can’t be bullied anymore, and just want to feel safe 

steve51

Hi @Nowheretorun

Welcome to our online community/family!!!!

We have got some info on “esa” here on our site!!!!!

Here is the info for you below 

https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fcommunity.scope.org.uk%2Fdiscussion%2F49798%2Fesa-and-mental-health&index_url=https%3A%2F%2Fcommunity.scope.org.uk%2Fdiscussion%2F49798%2Fesa-and-mental-health&auth=No7z8bGXTt5%2BhYxkEJZ9pA&profile=_default&rank=4&query=Esa+mental+health

Please let me know if you have any further questions!???

Nowheretorun

I just don’t know what to do anymore my Esa was stopped in June after my assessment a mandatory reconsideration with the help of a support group was sent in in July. I only found out a few weeks ago that it wasn’t on the system.
tgat was supposed to be dealt with over 10 days ago. My work coach chased it up. And yet again I get a call from Esa yesterday to say I will hear something in 10 days time.
my work coach sent me forbanother assessment as I tried to get onto a supported work program in the hope of also getting support with my mental health.

i have had a decision from that assessment that I am fit to work 

My doctor keeps signing me off not fit to work due to anxiety and depression 

I just don’t know where to go or what to do anymore 

I have so many red bills I’m behind with my rent and think the council are now taking me to court for repossetion 

I know I’m not the only one in this situation 

surly the Uc work capability assessment which doesn’t seem to cover mental health is a discrimination to start with 

is anyone / agency looking at this and challenging it 
not that the whole universal credit needs to be challenged 

surly someone somewhere should be able to take the government to court 

topshoes

Hi @Nowheretorun a warm welcome to you , i am so sorry to hear this , you are safe with us all on  here we are a friendly lot  . x 

Nowheretorun

Thank you. I’m just thankful I found this chat group as I’m so lost at the moment I don’t know who or where I am anymore 

topshoes

@Nowheretorun please dont worry im sure someone who knows about it will come and advise you at some point , i know how frustrating all this can be for you   what your going through x.

topshoes

@Nowheretorun I see steve51 has  put some thing on here for you to look at , it will not let me go into it , is it any good  for you 

poppy123456

Hi,

Whether it's ESA or UC then there is a regulation that can place you straight into the Support Group or LCWRA for mental health, which comes under the exceptional circumstances group. It's reg 35 for ESA, same as UC but a different number. Both mean exactly the same thing. Explained here in this link.

https://wcainfo.net/issues/substantial-risk-lcwra

You'll need evidence to support your claim. A fit note from your GP saying you're not fit to work isn't going to help you be placed into this group.

Your next step is to ask for the MR and you have 28 days to do this. Good luck.

Nowheretorun

Thank you topshoes 
I have had a look
through the info from Steve51 I can’t find much info that would be useful 
sorry Steve51 if you are reading this 

poppy123456

More information on the reg here.

http://www.cpag.org.uk/content/making-exception

topshoes

 thats fine @Nowheretorun ,  lol thats ok im sure steve51 will not mind ,sorry i  can not help you but there is people on here who can im sure

Ripples

@Nowheretorun I take it you are on UC now pending mandatory reconsideration and possible appeal? Being issued with fit notes is fine if you were planning to stay on ESA and waiting for tribunal. However if you are now on UC it's a different ballgame as whatever happens you will not go back on ESA. Universal Credit  will probably only accept fit notes or a new claim for  LCW based on a worsening or new condition. You can talk to your council about rent arrears if you work with them and make them aware of your situation.

Nowheretorun

A mandotry reconsideration went in in June delta with by Peabody  I found out just over two weeks ago that it wasn’t on the system it was hilighted by staff at the jobcenter and Esa phoned me and said I would have a decision in 10 working days it never came so the jobcenter contacted them again and I got a call to say I will hear in 10 days. ( it was the same person but assured me it wasn’t him I spoke.

while this has been going on my jobcoach tried to get me on the maximum program but I was refused so she sent me for another assessment which is the result I got on Monday to say I was fit for work.

i approached the council with the help of Peabody at the start but that was refused unless I agreed to downsize ( I have to pay nearly £200pm bedroom tax. 
I have been in my home 18years and have a neighbour that knows me in and out and at the moment they are my Saftey net and I just can’t cope with any more at the moment