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ESA interviews
Has anyone come across the JCP /DWP conducting interviews for ESA claimants who are in the assessment rate pending a WCA ?
We had a client who was invited to attend one . The letter she received said that it was important she attends and where there is a doubt about whether conditions of entitlement are met , benefit maybe affected . She was also asked to bring a list of evidence .
Client attended and the outcome of the interview was that she was pressurised in withdrawing the ESA claim because she admitted that she could do some work even though she has limitations due to mental and physical problems and was instructed to apply for JSA .
This matter was raised with an an ESA officer (Oldham BC ) and we were shocked to hear that it was correct that claimants were being invited to attend these interviews mainly because of the backlog they have with claimants waiting for ATOS assessments . They are trying to reduce the numbers by checking if claimants should be entitled to the benefit or not . The example she gave was that a claimant’s condition may have improved but they are still claiming ESA. Further questions were asked whether these advisors had any medical knowledge or training to determine what types of work they can do? Answer was none .
She also informed that it was voluntary to attend but when challenged that the invitation letters do not state that . Answer was that initial letters sent out did not indicate this , but letters have now been amended .
What is going on and is this legally right? We understood that conditions of entitlement is determined once a claimant has had a WCA .
Any opinions or views?
Just to add to my colleagues initial post here, medical services have not been contacted and/or had their opinion sought at any time during this process as well. We look forward to any responses?
Well, I’m horrified however I am not surprised, just more evidence that DWP have forgotten what their purpose should be and are intent on forcing anyone and everyone off ESA whether they are too sick to work or otherwise.
Wholly unlawful but i’m not sure of a legal remedy. I’d love to scream “discrimination!” and suggest a damages claim but I’m not so sure. Might be worth a word with Ryan Bradshaw, did either of you go to the recent EQA training at GMWRAG?
No we didn’t . For some reason we don’t get any invites to attend trainings or meetings with GMWRAG .
Oldham CAB
If you have detailed examples including hard copy of the letter sent, written response to complains etc. about this practice / individual cases you might consider sending it to the chair of the Work & Pensions Select Committte (or a local MP if they are a member) as they are currently conducting an enquiry into Jsa/ESA sanctions. Whilst this practice is not actually a sanction its an example of the wider issues about how DWP are treating claimants (setting the tone) as a preliminary to imposing sanctions.
The matter requires more than that - I’m not sure what mechanism is being used to persuade someone to withdraw a claim for ESA and to claim JSA?
The matter would be recorded as the claimant volunteered to do this - they are free to do so.
The problem is that they are being invited to the jobcentre as ‘a doubt has arisen’ when there can be no doubt - provided there is a sick note or other acceptable medical evidence and the assessment has not been carried out.
If the letters are sent out incorrectly, misleadingly (knowingly or mistakenly) or in ignorance of the law then steps should be taken to complain.
I’ve written to the chief executives office before - but be sure of your complaint i.e. as Peter suggests see the hard copy and ensure yo include the names of the staff spoken with.
https://www.gov.uk/government/people/noel-shanahan
Caxton House
Tothill Street
London
SW1H 9NA
Apologies for the slight hijack.
No we didn’t . For some reason we don’t get any invites to attend trainings or meetings with GMWRAG .
GMWRAG would love for you to attend meetings etc. but we don’t have a mailing list anymore. All is done electronically via the website/blog. At the time this was set up (around 2009/2010) we sent out 3 separate invites to people on the mailing list to subscribe in advance of the change. The need to do so was also mentioned repeatedly at the meetings. Inevitably some did. Some didn’t.
Basically if you go to the GMWRAG site you will see an option to subscribe on the right side. Enter your work email address (or personal, we’re not fussy) and every time there is a new post on the site you will receive an email. We make a point of putting as much of the post text as possible in the email as we’re aware some organisations block blogs so an email telling you to go to the site to read more isn’t a lot of use.
Can’t tell you what happened in your own organisations case but bear in mind subscription is an individual thing so we would have emailed the person who was on the mailing list from your organisation. If they then left then it’s up to them to let others know they will need to subscribe also.
Details of meetings are on the site anyway whether you subscribe or not but that requires you to be proactive and head to the meetings section. Subscribing is by far the easier option.
Look forward to seeing you at future meetings.
Back on topic…
I would definitely have a word with Ryan.
Contact details… http://www.rightsnet.org.uk/forums/viewthread/5617/P15/#23469