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I've been sanctioned, what do I do?

kami24kami24 Posts: 288Member Pioneering
I have bpd and autism and on jsa but they say I should be on a different benefit to jsa as I cannot look for work the jobcentre said I should be on esa and have also sanctioned me just because I was truthful with the work coach and said I'm probably not able to work and they obviously twisted it and said I hadn't been looking for work even though I have been actively seeking employment as they say in order to receive my stupid jsa. Really hate the benefits system and got worse with UC if that's humanely possible!!! Can you tell me what to send it so they can undo the sanction or should I take everything to the nasty jobcentre to scan to dwp head office or whoever deals with it all??? Appeal it?? Need advice as I have never ever been sanctioned before. Also if they are say claim esa that is not possible as UC has replaced it as I live in a full UC area so would I have to be forced onto UC and lose my severe disability premium or would I get protection or top up amount and be placed in the limited capability group in UC and get the same amount or lose it!?????????? Such confusion. What a nightmare for disabled people who cannot work and are on jsa or forced onto UC or even into full toe work which then makes their illnesses worse! 

Replies

  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Hi @kami24, really sorry to hear that you've been sanctioned and you're contending with this on top of everything else. I'm afraid I'm unsure of the answer to this myself, but hopefully some of our members will be able to advise soon.
  • kami24kami24 Posts: 288Member Pioneering
    I think I need to provide a medical note then they will pay me but who knows 
  • April2018momApril2018mom Posts: 2,467Member - under moderation Disability Gamechanger
    Contact your local CAB office for advice on your options. Is it possible to get a mandatory reconsideration as well. Do you live in a full UC area or not? 
  • Matthewsheehy24Matthewsheehy24 Posts: 72Member Courageous
    Put a medical paper into your Jobcentre.That will cover you if your not well enough to go to Jobcentre that’s what I did in the past.
  • PhantomscriptPhantomscript Posts: 10Member Listener
    Go to your G.P and explain your need for a medical note. take that to the Job centre, Then make sure you have / get every thing said to you in writing for your own records. You will find that they cannot put all they say in writing.
    Ask your attending staff what you should claim and secure all paper work required. If you have UC then you will have a journal make use of it. You will need all the letters and details from your G.P and NHS to fight and win.
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    1 - you need to ask for mandatory reconsideration of the sanction decision. You need to put it in writing and keep a copy. It will need to include evidence that you have complied with your claimant commitment. 

    2 - You need to get advice about challenging the level of your claimant commitment. There is often a massive discrepancy between what the law allows and what is imposed and you can challenge this. 

    3 - You can have up to 13 weeks sick whilst on JSA so you will need a fit note to that effect from your GP.

    4 - inform Housing Benefit of your sanction if you get HB. 

    5 - contact your local authorities discretionary support scheme for help if you’re faced with any energencies such as lack of food, electricity etc. Contact your water provider and see what help they can offer in terms of getting you on a priority services register and reducing your tariff to a manageable level.

    The leaflet below is a good reminder of what to do. Don’t use the numbers on it unless you live in that area but the same principles apply everywhere. The only exception may be that regrettably some local authorities may not have a support scheme so in an emegency you may need to see a duty social worker to get a referral to a good bank; money for fuel etc.

    https://www.salford.gov.uk/media/373682/sanctionappealleaflet.pdf
  • kami24kami24 Posts: 288Member Pioneering
    Rang jobcentre plus today and they said it's suspended only at the moment so hopefully they will scan up my sick note (which I took in yesterday) and pay me and not sanction me but can't believe they did it over Christmas as nd I feel it was my nasty little work coaches fault just because I told him I didn't like him! I'm requesting someone else as a work coach because he is patronising even though he doesn't seem 100 percent mentally healthy himself to me and he knows my situation yet almost force's me to apply for what he suggests 
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    See point 2 of my previous post. Changing work coach is a good idea as they tend to panic if they think there’s a possibility of you working your way through more than 1.

    Personal opinion - the personalisation of all sorts of services does not lead to a more tailored, personal experience. Instead it leads to a subjective, sometimes unpleasant, power driven relationship. Personalisation is the last thing the benefits system needs.
  • kami24kami24 Posts: 288Member Pioneering
    Okay they have just suspended my claim but that means I haven't had a payment for 3 weeks now so if I ever get my jsa back it will be at least 4 weeks. I have given them medical note for the period they said I hadn't looked for work but they still won't decide and get on with it how ridiculous 
  • kami24kami24 Posts: 288Member Pioneering
    The actual jobcentre is the problem when I rang up they are much better on the phone lines 
  • kami24kami24 Posts: 288Member Pioneering
    Feel so angry now want to just forget the whole bloody jsa system and go to work but that's a joke because I'm unstable so can't work and have ptsd and slight autism 
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    edited December 2018
    The earlier advice to get a fit note was poor advice as that requires them to make a separate decision. If they have suspended rather than sanctioned then you want them to make a decision quickly on what you say is the key issue i.e. that you met your claimant commitment or didn’t. Adding something else for them to consider adds another layer of complication. They now have to weigh up which takes precedence and it’s by no means clear. If you met your claimant commitment then by definition you’re capable of seeking work and that should be your only argument to get JSA reinstated. Throwing a fit note in has added a delay you font need.

    That said, I’m not sure I buy the suspension assertion. They either sanction or don’t. They rarely faff about suspending first whilst they investigate. At this stage you need to re-read my December 24 post and you need to do a letter before action to force them to make a decision. Plenty of information online about how to go about that. 
  • kami24kami24 Posts: 288Member Pioneering
    I will give them more stuff Wednesday morning to show indeed applications or whatever ever they bloody need! A blood sample and saliva they will want from claimants soon!! 
  • kami24kami24 Posts: 288Member Pioneering
    Also from January 16th is everyone 'migrating' onto UC? Do we keep sdp or get anything extra if working tax credits are being scrapped? What an awful system 
  • poppy123456poppy123456 Posts: 15,044Community champion Disability Gamechanger
    No, everyone isn't migrating to UC on 16th January. Migration won't start until later in 2019 much much later than that for a lot of people.
  • kami24kami24 Posts: 288Member Pioneering
    They still haven't made a decision on my suspension which means I haven't been paid 4 weeks now and I can't apply for a hardship money because not classified as sanction yet so really really angry at them now
  • kami24kami24 Posts: 288Member Pioneering
    It's my actual jobcentre who have messed it all up just because I hate my stupid work coach and told him I wanted to see a woman!!! 
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    Perhaps act upon the advice in previous posts?
  • kami24kami24 Posts: 288Member Pioneering
    Your advice isn't great 
  • poppy123456poppy123456 Posts: 15,044Community champion Disability Gamechanger
    kami24 said:
    Your advice isn't great 
    I'm not sure why you think that. Mike has taken the time and given you great advice in a long comment above.
  • kami24kami24 Posts: 288Member Pioneering
    I haven't been sanctioned yet poppy and i won't bother commenting at all if I were you on every thing I write on any post 
  • kami24kami24 Posts: 288Member Pioneering
    I won't bother with this site people obviously think they know everything!!! But don't I can read his advice online so if there is no new info why try to be clever and put loads of stuff what is already on gov website?? 
  • Matthewsheehy24Matthewsheehy24 Posts: 72Member Courageous
    They are just trying to help you.STOP moaning at them.
  • kami24kami24 Posts: 288Member Pioneering
    Shut up matty 
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    You titled the thread as being about a sanction and were given advice on that basis. Damned if I can find that advice on gov.uk (points 2, 4 and 5 certainly aren’t) which gives information rather than advice.

    When it transpired you hadn’t been sanctioned you were given a clear suggestion as to how to get them to make a decision i.e. a letter before action. That isn’t on gov.uk either but, as is your right, you have chosen to ignore that too. You’ve then resorted to personal abuse of two posters. I’ve reported your last post. I doubt you will get the advice you need anywhere as you’ve already had it and rejected it. 
  • kami24kami24 Posts: 288Member Pioneering
    Okay whatever report what you like petty 
  • poppy123456poppy123456 Posts: 15,044Community champion Disability Gamechanger
    In this situation the ignore button is the best possible answer.
  • hasshass Posts: 33Member Listener
    Happy New year all
    Kami  please go to your local 
    Citizen advice  office  
  • hasshass Posts: 33Member Listener
    Happy New year all
    Kami  please go to your local 
    Citizen advice  office  
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    The advice given will not be any different from that offered here. 
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Hi everyone, it's easy to feel frustrated when things are tough, but it's important to respect other members. We don’t have to agree on everything but respecting other members is important to keeping the community safe and friendly for everybody. 

    If you don't want to see posts from any particular member, you can use the 'ignore' function to hide these. You can also 'flag' or report any posts you feel violate the community guidelines and these will be reviewed by the team.
  • poppy123456poppy123456 Posts: 15,044Community champion Disability Gamechanger
    @Pippa_Scope thanks. The ignore feature is good but unfortunately you can only add a certain number of people to this list. What do we do when we reach this number and we can no longer add people to the ignore list?
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    I have posted similar on the notifications thread @poppy123456 . Expecting people to self regulate and ignore stuff is fine but not when there’s an apparent limit of 5. For me 20 would do it. The lack of a search function is also a massive issue. Bad advice gets repeated without being noticed until someone corrects it but correcting it means you’re always one step behind and in the world of full service UC that simply isn’t a feasible option as someone’s financial position could have been permanently damaged by then. 

    The alternative is that I simply stop posting. 
  • poppy123456poppy123456 Posts: 15,044Community champion Disability Gamechanger
    @mikehughescq totally agree with what you say. Some changes to the forum wouldn't go a miss.

    However, stopping posting would be a real shame. I realise that not everyone agrees with the things you say but you only speak to truth. It's also very difficult to read text speak and often things come across as rude, when in fact they're not.

    I must admit, i've never seen a bad post from you in all the time i've posted here.  You give fantastic advice to everyone and i've certainly learnt so much from you since i posted.
  • Matthewsheehy24Matthewsheehy24 Posts: 72Member Courageous
    The information given on here is brilliant mike.Keep it up fella I thought I knew stuff about dwp claims.But after reading the forums on here I know nothing how the dwp works its so complicating.Head up and stay strong everyone.
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    edited January 4
    Hi @mikehughescq/ @poppy123456, thanks for bringing the limited 'ignore' function to our attention. We've been acting on it since you brought it up the other day and have a call arranged next week with the forum hosts to action this.

    If you have any other suggestions, do feel free to let us know: we can't promise to implement all of them but we're certainly open to listening and improving in any way we can. You can reach us by emailing [email protected]
  • mikehughescqmikehughescq Posts: 3,506Member - under moderation Disability Gamechanger
    Fantastic. Thank you. Hopefully this can change. 
  • poppy123456poppy123456 Posts: 15,044Community champion Disability Gamechanger
    That's great news, thank you.
  • kami24kami24 Posts: 288Member Pioneering
    Rubbish forum 
  • Matthewsheehy24Matthewsheehy24 Posts: 72Member Courageous
    Ok 😭😭😭
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