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ESA contribution based and Income related top up
- Chaps
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- slugsta
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It is possible that the backpayment has caused some sort of problem with your usual payments, but I think it is unlikely. I'm afraid the only way you will know for sure is to get someone to ring for you.
You will be able to request a copy of the assessor's report once an ESA decision has been made. It will be an ESA85 if you had a face2face assessment, ESA85a if you did not.
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- Chaps
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If I ask for a MR how long are they allowed before making a decision so that I can appeal.
What happens with ESA payments.
Could I provide a sick note for these work interviews.
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- Gordon
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It is very difficult to offer any meaningful advice on the information available, it is possible that you have been moved from the Support Group to the WRAG or you have been found Fit for Work, the advice for these two scenarios will be different so you really need to contact the DWP, or have someone do it on your behalf, to find out exactly what is going on.
When we know what you are facing we can give advice on how to proceed.
Gordon
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- Chaps
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- Gordon
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Mizzie wrote: The letter states taking part in meetings with a work coach and must prepare for a return to work when I am able. Considering all my health issues and the fact i felt suicidal prior to xmas the last thing i can cope with is preparing for work. Surely they cannot ignore such serious issues. I haven't got anyone to go with me, often can't attend health appointments. My doctor is supportive, requested a home visit on more than one occasion when evidence was ignored, so would it be beneficial to ask her for a further report and if so, what information would be relevant. Benefits are aware of how little support i have and how restricted my life is.
This sounds as if you have been placed in the WRAG.
Were you previously in the Support Group?
The issue of your ESA payments remains unresolved and I cannot offer any advice on this without more information.
You can request an MR to have the Decision revised (see below), but while you remain in the WRAG you are required to attend Work Focussed Interview and to participate in Work Related activity so I would contact your JC+ advisor and explain your problems, they can defer the meeting or hold it over the phone.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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