Can anyone help? Advice Please

[Starlet83 10]

This might be a bit long winded so please bear with me.

 

My mum is 62, she is due to retire next November I think. She Currently works at a school less than 10hrs per week, after my dad died we applied for various benefits etc including DLa and ESA. She has, arthritis in her neck and lower back, pernicious anemia, a condition where the bones in her neck are fusing together, severe vitamin D deficiency, and needs a new knee and hip.

 

We were told that she didn't qualify for anything except job seekers allowance, she would have to look for a better job.

 

She has been sent on all types of job searcher courses. About 2 weeks ago she went back to the hospital for an xray on her hip, initially the hospital had refused to do the operation but she can not bear any weight on it properly now, if she does it gives way on her and she has took some huge falls because of it. So anyway they saw her again, she's got the worst case of muscle wastage ( to the point where there is no muscle t all in some area's) he has seen in 22 years. They are also going to have to do some reconstructive work as she has lost now about 2.5 inches of length to her leg.

He has told her she will need a minimum of 13 weeks recovery.

 

She has been to see her job adviser, she explained that they have given her an emergency slot for surgery. He shrugged and told her that the day before her operation she has been booked onto a literacy course and she must attend, he said she can still claim Jsa for her 13 wks recovery, if she fails to go on the literacy course or cancels she will have to attend the job centre every day for 6 weeks, regardless of the fact she's being cut open from her waist to Below her knee. She must apply for 5 jobs per week, and secure at least 3 interviews or again she will be expected to attend the job centre daily.

 

She is devastated, she thinks she is going to be forced to treck into town every day.

 

I have tried to contact them and all they will say is that she needs to adhere to the guidelines set by the job centre.

 

Please can anyone advise me, in her circumstances can she apply for something else. I feel so helpless, I used to work for the DWP and was quite upon it all, but everything has changed and I don't have a clue anymore. I just don't understand how they can force her to attend the job centre daily even if she's in hospital. The adviser was very clear that he didn't view a hospital stay as an excuse

Edited May 18, 2015 by Starlet83

[Moonbird 10]

I would say that Job seekers is the wrong benefit, should be ESA or DLA (as was, I dont know the new name for it) she cannot possibly be available for work when she is recovering from an operation, Job center is the worst place to ask, go to Citizens advice.

 

I hope that everything goes well for your Mum, all this is the last thing that she needs right now, poor Woman

[Starlet83 10]

Thanks Moonbird, she's reight fed up!

 

She wanted it doing ages ago and they put it off and now she's in a mess.

 

It's all the harder as I am in Sheffield working full time and she's in Barnsley.

 

I am trying to get a telephone appointment with the Cab and I will ring her later and ask her to ring ESA and DLA and ask what they think.

 

Thank you

[Mayfly182 10]

What an absolutely horrible story.

I don't have any intimate knowledge of the regulations but I can give you some general advice which should be helpful.

 

I think the Job advisor is correct, in a way. If your mum is not able to attend the jobcentre or a course or interviews, she should not be recieving JSA. What they haven't said, because they're not obliged to, is that this means she should definitely be getting ESA instead.

 

- If your mother feels comfortable with it, she should consider giving you power of attorney at least while she's recovering from the operation. This will mean benefits system will have to deal with you instead of your obviously frightened and quite vunerable mum. At the moment, as you've probably found, they can just refuse to discuss details of her case with you. Which has a good guide on power of attorney, and free forms. - http://www.which.co.uk/elderly-care/financing-care/managing-your-relatives-financial-affairs/354735-what-is-power-of-attorney?gclid=CL3s-Z6by8UCFYXnwgodPW0A6Q

 

- Your mum can apply for ESA again now that her circumstances have changed. If she's found fit to work and you don't think that's the right decision, it's well worth taking it to tribunal which very often overturns the initial decision. I think there's a very high chance she will be found temporarily unfit to work while she's recovering, and some chance she will be able to claim ESA longer term. The application process is quite lengthy but while it's ongoing she will get a lower level of ESA.

 

- Get as much evidence as possible. Your mum should have letters from her doctors and/or the hospital stating that she cannot look for work while she is recovering. If she doesn't have those yet, ask for them. If you're looking for longer-term ESA you should definitely collect any medical stuff which says how serious her condition is, and always ask for a note to be added on how this would affect her ability to work. The initial assessment won't look at any such evidence but the tribunal will.

 

- Always try to get anything you're told down in writing or recorded somehow. You should present things like power of attorney forms or medical evidence either in person and get a reciept or recorded delivery mail. You can ask for the assesment for ESA to be recorded, I believe - there have been a number of cases of claiments saying the form had things on that were completly wrong, otherwise. Things like 'the claimant stated she took the dog for a walk every day' when they couldn't walk and didn't have a dog. Try to get decisons in writing, and if you have to talk to someone face to face then make notes while you're in the room.

 

- If you're going for ESA you should definitely read up on the points system they use to make decisions. I'm absolutely not saying you should overstate your case but many older people have been brought up not to complain and will understate their disabilities. It's important to know where to insist on accuracy.

 

- If you're experiencing problems with jobsworthy people telling you you're not allowed to claim for this or that, or with clearly silly decisions, it might be well worth asking your local MP for help.

 

Good luck, OP. I hope it all gets sorted out soon so you and your mum don't need to worry. If you feel up to it, I hope you'll take any opportunities that come your way to speak out against this horribly broken benefits system, which is particularly hard on vunerable people like your mum. She is lucky she has you.

[Starlet83 10]

Thanks so much Mayfly. That's a brilliant help! I am so infuriated that she is going through this. I just don't understand how it works, she got chatting to a young lad a few weeks ago, he's been signing on for 6 yrs, never had a job and never been given the chance to do any literacy courses or go to job groups.

 

What they think making a woman so close to retirement is going to achieve I don't know. She worked all her life along side caring for both her parents and my dad.

 

It's not like she doesn't want to work but she needs help.

 

She thought the appointment today was to discuss the options for going on ESA.

 

Thanks so much for the advice. I am also incredibly anxious as the operation date is in the middle of my holiday. I would really prefer to be here incase of complications.

[hisbuff 10]

see my post below "benefits system is CHAOS

I am going through a horrible time with th lot of them.Contrary advice being one problem, the various departments who don't talk to each other, th numerous telephone numbers and press this press that scrappy music. I swear if you're not suffering from depressions when you start you will be what n you've finished.

I was in exactly the same position as you . I'm in Sheffield and mum was in Barnsley.

I believe the current system is unworkable duplicitous and designed to deter people from claiming.I also believe that it won't get better until we as a society take direct action I'm NOT condoning violence in any way but the poll tax riots did have an affect.

if we all stopped paying council tax for instance the system would grind to a halt they don't have enough staff or prison space to deal with mass civil disobedience.

[gamezone07 23]

Starlet, this is truly horrendous, I really wish the public knew the reality of the benefit system these days, is it ok to repost this on another forum?, they may have some concrete solutions for you, though Mayfly has provided excellent advice.

[Starlet83 10]

Starlet, this is truly horrendous, I really wish the public knew the reality of the benefit system these days, is it ok to repost this on another forum?, they may have some concrete solutions for you, though Mayfly has provided excellent advice.

 

Yes by all means let me know which forum?

[Anna B 1,417]

Yes by all means let me know which forum?

 

I have to agree with Gamezone, Starlet. This really needs putting on General Discussions Forum to get a bigger audience and more responses. The more people who realise what is going on, the more chance there is that it will change.

And by golly, it needs to change...

 

Hope you get the help you need.

[Asaw 10]

Might be worthwhile getting in touch with Age uk to see if she could apply fot DLA if dhe can someone will help her fill it in. I hsd to apply 4 times before I Received it and see if she can get a chat with either her docyor or hospital consultant as they will be contacted. Worth a try

[kath196 10]

Starlet

There is a group on facebook called fightback, they will be able to tell you what she is able to apply for, I think it will be ESA she needs to go on to. She cannot be expected to sign on and trek into town everyday. Good luck

[Starlet83 10]

Thanks everyone.

 

She has been awarded ESA.

 

However she had her operation which went well and they were able to do what they needed to do without opening her up to Below her knee. On the day of her discharge it was a Duty doctor rather than on of the regular ones. The nurse asked for her sick note completing. Both consultants had told her she will be incapacitated for a minimum of 13 weeks and would happily provide her a sick note to confirm this. (she isn't allowed to lift or bend for 8 weeks) however the duty doctor at first refused her a note. When the nurse explained what the consultant had said and the doctor eventually agreed to give her a note for 2 weeks and said she couldn't see why she wouldn't be able to go back after that on light duties.

 

Thanks!!!

 

Now I have to arrange time off work to get her into her Gp to get an extension of her note.. Something we were told that she would not have to do.