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Thread: Work Programme, Case examiner & a potential legal case?

  1. #1
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    Work Programme, Case examiner & a potential legal case?

    Hi Guys,

    I am sorry to post about my problems with the WP once again, but would realliy like advice. I currently receive JSA not ESA and have been referred to the WP after signing on for more than a year. I also receive PIP and suffer with Autism and have been on the WP since August.

    On my first contact with the Wp, I told my advisor that I had Autism/Aspergers & it didn't seem a problem. It was lieterally two/three weeks later when I started realsing and in all honesty knowing that problem would arise in the future.

    My first problem was when I was 12 minutes late to my appointment and my advisor refused to take my appointment. He lied on the spot saying that there is a 5 minute rule in regards to appointments and he contacted the job centre. The job centre overuled him and last week I realised that in fact there wasn't a 5 minute rule, it was 10 minutes, so why the hassle over an extra 12 minutes?

    The second problem arose when the same advisor gave me an action plan with very unsuitable tasks. This was to go to bust shopping cntres and supermarkets, that are both close and far away, to hand my CV in. I told my advisor upon seeing this that I do not believe that this is in my best interest, but of course he forced it through, I did not complete the task, he reported to JC and once again the JC overuled him.

    By this time, I had a huge dislike for him, this wasn;t just because of the tasks, but also because of the way he comes across. He seems like one of those really two faced individuals. I had become really fed up of him and we had exchaned a few words both in person and through email. This advisor then went on to tell me that he did not believe that I had Autism, despite the fact I had disclosed it at very first meeting, and was on the understanding that they would know or been told the JC. It was then because I had enough of this, that I decided that I had to bring in paperwork to him, it was only then when things began to change. He told me that often people lie and wasn't sure about my condition, even though I knew he was lying because I knew the job centre had informed him, because they was unhappy about him reporting me.

    Anyway, enough is enough, change of advisor, I wasn't putting up with this no more.

    So, I move on to a lass, she seemed very kind, soft voice, happy to chat away from job stuff, happy to sort CV, knew about my Autism and so on, seemed great. She had been my advisor for a few weeks and it was going OK, was really happy with it, then I got a random letter through the post telling me to go to some place in the city, literally had no idea where it was and what it was about and not had discussed it. Got there, and it was some random course regarding English and Maths, oh billiant. A course full of people, unfamilair location and in subjects I excel in. I walked out, I wasn't having it and ended up giving my new advisor a right earful via phone.

    I once requested a move of advisor. I just didn't get it. During this time I was going through the whole Serco complaints process.

    So, new advisor. She once again seemed great and kind, and she is my current advisor. However, she has once again gone down the route of giving me unsuitable tasks. This was to go and "introduce myself" to agencies in person, I mean what? I have Autism, communication and social interaction problems, why is this suitable? Obviously I did not do this, and the action was set as incomplete. This went to the job centre and I believe it was either turned over by the JC or in fact Serco intervened as this was during the complaint I have sent them, and I complained about this even further.

    So, 2-3 weeks ago I recieved a reply from Serco about the problems and it was quite surprising. They had "upheld" certain parts of my complaint, but also ignored certain parts of it. I am currently taking this up with the Independent Case Examiner (ICE).

    However, my biggest question is what does the ICE do? And of I do not agree with ICE what do I do? As I just genuinely believe despite me being on JSA not ESA, they shouldn't be doing this?

    Thank you for reading and I apologise about the essay,

  2. #2
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    I am not sure what you want to achieve here.

    You are on JSA and on the work programme. You have autism, communication and social interaction problems.

    What was discussed as regards your job seekers claimant commitment?

    Perhaps the best way to tackle this is to ask for a review of your claimant commitment so that the tasks they give you are relevant to your disabilities.

    What do you think you should be doing as regards your claimant commitment? What help do you need to support you getting back into work?

    I can't help but think that perhaps you may be better on ESA. Reading your previous posts it seems that you are concerned about money. Have you put your details into the benefit calculator to see what you would get on the assessment phase of ESA?

  3. #3
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    Quote Originally Posted by pmlindyloo View Post
    I am not sure what you want to achieve here.

    You are on JSA and on the work programme. You have autism, communication and social interaction problems.

    What was discussed as regards your job seekers claimant commitment?

    Perhaps the best way to tackle this is to ask for a review of your claimant commitment so that the tasks they give you are relevant to your disabilities.

    What do you think you should be doing as regards your claimant commitment? What help do you need to support you getting back into work?

    I can't help but think that perhaps you may be better on ESA. Reading your previous posts it seems that you are concerned about money. Have you put your details into the benefit calculator to see what you would get on the assessment phase of ESA?
    Hello,

    I think what I want to achieve is that the WP get a serious telling of about the situations I have been faced with. They know about my disablity, but keep on putting me in the same situation time and time again. This isn't something that is a mistake or has happened once, but instead something that is happening time and time again. It's quite clear, despite my disability, they aren't going to adapt to it and give me suitable help.

    As for ESA, I have heard nightmare stories and speaking with a friend who helped me through the PIP process, he just says to stay on that until you are more financially secure as ESA could be absolutely anything. I do not want to go through the ESA assessment criteria, and be less off. It was this time ;ast year I went through the timely and stressful PIP process and I don't really need it again.

  4. #4
    Senior Member deebee's Avatar
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    I think assessment rate of esa is the same as jsa,so you wouldn't be worse off

  5. #5
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    Quote Originally Posted by deebee View Post
    I think assessment rate of esa is the same as jsa,so you wouldn't be worse off
    She might be.

    I'm getting £105.65 a week on Income related JSA while I'm waiting for my ESA tribunal.

    That's the basic £73.10 and and extra £32.55 single persons disability premium.

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