Employment and Support Allowance (ESA)
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failing there Esa work assessment due to mental health?

NowheretorunNowheretorun Member Posts: 14 Listener
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 

Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
  • NowheretorunNowheretorun Member Posts: 14 Listener
    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 
  • topshoestopshoes Member Posts: 443 Pioneering
    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 
  • NowheretorunNowheretorun Member Posts: 14 Listener
    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 
  • topshoestopshoes Member Posts: 443 Pioneering
    edited November 2018
    @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.
  • topshoestopshoes Member Posts: 443 Pioneering
    edited November 2018
    @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 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.

    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.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • NowheretorunNowheretorun Member Posts: 14 Listener
    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 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    More information on the reg here.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • topshoestopshoes Member Posts: 443 Pioneering
    edited November 2018
     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
  • RipplesRipples Member Posts: 189 Pioneering
    @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.
  • NowheretorunNowheretorun Member Posts: 14 Listener
    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 


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