Could anyone help with ESA question please

[Lavendersbluish]

I was awarded ESA and put in the support group years ago. When my application was renewed I was put in the work related group. I have been sent an appointment with a work advisor. I have agoraphobia and anxiety and had to have my appointment at home before I was awarded. I can’t travel. I struggle to speak on the phone so have not been able to call to say I cannot attend. The letter says if I don’t go, my money will be sanctioned. I don’t know what to do and it’s sending me into a spiral.

You do need to communicate with them somehow or you will be sanctioned, because as of right now you are required to do work-related activities, including attend work-focused interviews. I've never been in the WRAG but you could see if they'd accept a fit note explaining why you can't attend this appointment. There's a good chance they won't though I'm afraid, because fit notes are about work and the DWP have already acknowledged that you're not fit for work by continuing your ESA award at review, even if it's not at the level you previously had.

Have you requested an MR to challenge the decision? The letter will say you need to do that within a month of receiving the decision, but you can do it within 13 months if you can explain why you didn't do it in the first month and they accept the reason. You need to challenge the result if you can but really need to contact them before this appointment.

May I ask when this review took place, because I have read that reviews haven't started up again since being suspended due to the pandemic. Being on ESA myself I'm obviously worried now interested as I could be reviewed at any time.

You have to do your review. If you keep cancelling you will lose your money. Take someone with you like I do doesnt take long either. There not going to keep paying if you don't go to show why you need it

@flourella my review was just before the pandemic. This is the first contact I’ve had, so I suppose I should be grateful. As it’s been so long I was expecting a reassessment. I think I would rather have had a letter through for reassessment as it’s too late to appeal and I don’t know how to get out of it now.

Thanks for telling me when the review was. Makes me feel better but that doesn't help you! It's probably the pandemic that explains why this is your first appointment since then, thinking about it.

You're right that it is too late to appeal if your review was 3 or more years ago, and you just have to comply with the work-related activities they set out in agreement with you. If you are considered disabled under the Equality Act perhaps you could try and request phone interviews as a reasonable adjustment? But I don't know if that would work and you say you struggle on the phone as well...

I'm really sorry but the only way to try and get round it altogether is to report a change of circumstances and be reassessed in the hope you end up back in the support group. But for that you would need a new condition or a significant worsening of existing condition(s) and submit a fit note to that effect. Do either of those apply to you?

Just to add: having a reassessment could get you out of this in the medium term depending on its outcome, but in the interim you will still have to try and engage with the job centre and/or DWP, not least to report the change in the first place. I'm really sorry you're in this situation but I don't think there's anything else that can be done.

@flourella I’m glad I made you feel better about it, it’s not fun waiting for that dreaded brown envelope!

My physical and mental health both worsened during the pandemic so I hope that means on reassessment I would be put back in the support group as I don’t think I’m able to cope being kept in this one. I answered the phone and the work advisor was very abrupt and adamant I couldn’t do appointments over the phone and would need to be seen in person. They said they are making up for appointments missed during the pandemic so it would be more than normal. The phone call was too much for me and I’ve been crying my eyes out. I don’t know how I’ll attend in person.

If you can evidence the worsening in condition, starting with getting a GP to write a fit note that explicitly states things are worse, then you may as well get the ball rolling on a reassessment as soon as possible. You can do it by calling Jobcentre plus or writing a letter to the address on your ESA letters. All the best. It is shit being at the mercy of the DWP. I mostly get left alone and have never had to challenge a decision, but the next reassessment could turn my life upside down and it's hard to forget it.

@flourella Thanks for all the helpful advice, I really appreciate it. Hopefully I’ll get it sorted. Fingers crossed everything goes smoothly for you when the time comes.