× Members

Work capability assessment.

More
7 years 4 months ago #173750 by mardel
Work capability assessment. was created by mardel
Hi I hope you could give some advice regarding the work capability assessment. I went to my now usual appointment at the job center and was told there that I have been put on the back to work program. I have not received a letter informing me of this although the lady that saw me insisted saying it says on her system this was sent out on the 26th October. Her trainee that was also present asked how much rent I pay and if I get my council tax paid for or if I get a discount, I have never been asked that before. Are they supposed to ask these questions?

I'm really in a panic because my health issues dictate what I can and cannot do every day. I enrolled in a part time college course as I had to be seen doing some sort of activity so do two hours a day three days a week in local community college. I'm actually enjoying the course and my tutor understands that I have health issues when there are days I am unable to go.

I am planning to appeal and called the DWP this morning to get the address to send my appeal to as although I asked several times for this at the job center I was not given the information. The details I have are FREEPOST DWP ESA 11. Does anyone know if this is a valid address? Also in order to start appealing do I need to have a copy of the letter that they should have sent to me?
Regarding medical evidence I do have almost two file boxes worth of papers relating to my illness but as I am new in the area my gp surgery only has TWO doctors on duty so am thinking of changing GPs. Can someone please kindly guide me on how I go about appealing and what the process is. I don't mind so much that I am going to "be helped to look for work" it's the fear of getting sanctioned for not attending because I am having a bad day or in my case an even worse day than usual.

Please can someone kindly advise as to how to start this, I am at my wits end...

Please Log in or Create an account to join the conversation.

More
7 years 4 months ago #173765 by Gordon
Replied by Gordon on topic Work capability assessment.
MArdel

When was the Decision placing you in the WRAG made?

You cannot appeal unless you have already completed a Mandatory Reconsideration has completed and you have received notice of this. Looking back at your previous posts I cannot see that you have done this.

You can only request an MR if it is less than 13 months since the Decision was made.

You must also explain why your request is late, if the DWP do not accept your reasons then you cannot take the matter further.

The ESA MR & Appeal guide explains how to request an MR and the ESA section has template letters that you can use for the request.

If you are entitled to make an appeal then there are links to the SSCS1 form that you will need to complete and instructions on how to complete it, these are also in the guide. For an appeal you will also need to explain why the request is late and again the request cannot be made more than 13 months after the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 4 months ago #173786 by mardel
Replied by mardel on topic Work capability assessment.
Hello Gordon

Thank you for replying, I was placed in the WRAG group a couple of years ago I can't remember exactly but with regards to this new decision I am a little confused. At the job centre after I was told by the personal advisor that I am to be placed in the Work Programme for two years, based on the outcome of my assessment in August this year. After explaining to me what it involves she also mentioned that I have an option to appeal against the decision if I so wish.

This is the part I'm confused about as I never received a letter informing me that I will have to attend a Work Programme and I have no idea how many if any points I scored on my assessment. Does this mean that my benefits are going to be stopped because I have to attend this programme, the personal advisor did not confirm this despite my asking.

I did say to her that I'm concerned that there will be days where I physically cannot leave the house as I am in so much pain and discomfort and asked what I'm supposed to do and all she did was repeat that I can appeal if I'm not happy with the outcome and will have to speak to whomever I will be under in this Work Programme.

Sorry if this sounds confusing, perhaps I misunderstood but I would really like some clarification on what appeal process this woman is talking about.

Please Log in or Create an account to join the conversation.

More
7 years 4 months ago #173789 by Gordon
Replied by Gordon on topic Work capability assessment.
Mardel

So you were reassessed in in August 2016 and a new Decision placed you back in the WRAG again.

If this is the case then you are still outside of the normal one month to request an MR but you can make a late request. See my previous post.

Normally challenging a WRAG Decision should prevent a claimant being forwarded to the Work Programme, but it is not clear how they will treat you having already been invited, this is something to check with your JC+ advisor.

The Work Programme is a normal part of your WRAG placement it does not mean that your WRAG payments will be stopped, however, the WP does potentially include Mandatory Activities and a failure to participate can result in your Personal Allowance being sanctioned.

You will need to work with your new WP advisor to ensure that the activities you are asked to perform are reasonable based on your limitations as you will remain in the WRAG even if you challenge the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 4 months ago #173792 by mardel
Replied by mardel on topic Work capability assessment.
Thank you so much for clearing this up Gordon, I was told by the DWP today when I called that I can appeal and make it clear that as I have not received a decision letter this is the reason my appeal may be late.

My JC advisor was not very helpful as I mentioned but will try and speak to them tomorrow although the person I spoke to at the DWP also said that if and when I appeal I will be appealing to be put in SUPPORT group.

It's good to know that I can potentially work with the WP advisor regarding any activities they may ask me to perform.

One last thing when you say it's not clear how they will treat me having been already invited , does this mean they will not take too kindly to my having lodge an appeal?

Either way thank you again for the information I finally understand what is going on!

:blush:

Please Log in or Create an account to join the conversation.

More
7 years 4 months ago #173794 by Gordon
Replied by Gordon on topic Work capability assessment.

mardel wrote: One last thing when you say it's not clear how they will treat me having been already invited , does this mean they will not take too kindly to my having lodge an appeal?


As I said it's DWP policy not to forward claimants challenging their WRAG award to the WP, so when I said "it's not clear", I meant I did not know whether they would still forward you if you ask for an MR.

Hope that's clearer.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.