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ESA Work related group
- John
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6 years 11 months ago #187592 by John
ESA Work related group was created by John
After a mandatory reconsideration my daughter is still in the work related group (after 15 years in the support group and nothing about her has changed!!) , but it says in the letter that for her, work related activity will be voluntary. Is there any advantage in her volunteering for this? Any disadvantage in her not volunteering? In view of the voluntary nature, is it worth my appealing on her behalf?
Many thanks.
John
Many thanks.
John
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- Gordon
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6 years 11 months ago #187606 by Gordon
I do not know why it would say this, Work Related Activity is not voluntary and will be mandated with the risk of the claimants benefit being sanctioned if they do not participate.
If she wishes to appeal then the ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Work related group
John wrote: After a mandatory reconsideration my daughter is still in the work related group (after 15 years in the support group and nothing about her has changed!!) , but it says in the letter that for her, work related activity will be voluntary. Is there any advantage in her volunteering for this? Any disadvantage in her not volunteering? In view of the voluntary nature, is it worth my appealing on her behalf?
Many thanks.
John
I do not know why it would say this, Work Related Activity is not voluntary and will be mandated with the risk of the claimants benefit being sanctioned if they do not participate.
If she wishes to appeal then the ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post 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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- John
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6 years 11 months ago #187636 by John
Replied by John on topic ESA Work related group
I am now even more confused. This is what the assessor (who should know what he is doing!) writes;
'........I can now look at a different regulation which allows me to consider whether or not there would be a substantial risk to your health or that of others if you were found not to have Limited Capability for Work Related Activity. I have to consider this in relation to your journey to and from such activity or in the place providing such activity.
I have decided that this regulation does not apply in your case because while your request notes that work related activity will not ultimately benefit you, this does not mean you would qualify for the Support Group. In order to have Limited Capability for Work Related Activity, there has to be evidence supporting that there would be substantial risk if you were to be asked to undertake work related activity.
As it will be over 12 months before you are next assessed, work related activity in your circumstances is voluntary. If you chose not to participate you would be asked to keep in touch periodically with the Jobcentre. I can find no risk in asking you to do this. Should you choose to volunteer for work related activity, and example of the least you would be asked to do would be getting up and dressed by a certain time each day, and keeping a log to chart progress. You already note you can dress yourself in the morning; therefore there would be no risk in this. An example of the most you could be asked to do would be finding out possible transport routes and trying them out, and keeping a log to chart progress. While this may be more challenging, you have already stated you can manage to go places such as the shops once a routine is established. I can find no substantial risk in this.'
Your comments would be appreciated.
'........I can now look at a different regulation which allows me to consider whether or not there would be a substantial risk to your health or that of others if you were found not to have Limited Capability for Work Related Activity. I have to consider this in relation to your journey to and from such activity or in the place providing such activity.
I have decided that this regulation does not apply in your case because while your request notes that work related activity will not ultimately benefit you, this does not mean you would qualify for the Support Group. In order to have Limited Capability for Work Related Activity, there has to be evidence supporting that there would be substantial risk if you were to be asked to undertake work related activity.
As it will be over 12 months before you are next assessed, work related activity in your circumstances is voluntary. If you chose not to participate you would be asked to keep in touch periodically with the Jobcentre. I can find no risk in asking you to do this. Should you choose to volunteer for work related activity, and example of the least you would be asked to do would be getting up and dressed by a certain time each day, and keeping a log to chart progress. You already note you can dress yourself in the morning; therefore there would be no risk in this. An example of the most you could be asked to do would be finding out possible transport routes and trying them out, and keeping a log to chart progress. While this may be more challenging, you have already stated you can manage to go places such as the shops once a routine is established. I can find no substantial risk in this.'
Your comments would be appreciated.
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- Gordon
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6 years 11 months ago #187654 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Work related group
John
If this is in the assessment report, then the assessor has exceeded their authority by making these comments, it may be that they believe what they have written to be correct, but it most certainly is not!
Gordon
If this is in the assessment report, then the assessor has exceeded their authority by making these comments, it may be that they believe what they have written to be correct, but it most certainly is not!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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