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Removed from Support Group no notice, what now?
- Chlorinated
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10 years 3 months ago #129325 by Chlorinated
Removed from Support Group no notice, what now? was created by Chlorinated
I was in the support group and one day I started receiving wrag appontments! I was never written to, explained why I was changed and naturally knew nothing about mandatory reconsiderations etc as nobody ever wrote to me.
I previously missed an esa assessment and this was because I received no letter telling me about the appointment. I informed them of this(did not receive appointment letter) and they accepted that I didn't receive the letter.
It would seem that as a result of not attending the assessment, they automatically put me in the wrag? Is this what happened because I saw nothing in the benefits for work guide about this.
In any case all I realised was that I was receiving wrag appointments without being informed of mandatory reconsiderations or the like. I contacted the esa and told them I should not be in the wrag group and they told me many times 'you have another assessment coming up soon' so just wait!'.
Later somebody told I was misinformed and that I should have applied for a reconsideration.
I don't think I'm in the wrong. I was not informed of a change in group, about mandatory reconsiderations, deadlines and was also misinformed about waiting for the next assessment.
1. Did they automatically make the decision or would the assessor have looked at evidences, since I did not submit anything I think it happened automatically as a result of not attending the assessment.
2. Its been months now so is it too late for a reconsideration?
3. What should I do now? Do I have to make a new claim altogether and just stick with the wrag in the meantime?
Thanks
I previously missed an esa assessment and this was because I received no letter telling me about the appointment. I informed them of this(did not receive appointment letter) and they accepted that I didn't receive the letter.
It would seem that as a result of not attending the assessment, they automatically put me in the wrag? Is this what happened because I saw nothing in the benefits for work guide about this.
In any case all I realised was that I was receiving wrag appointments without being informed of mandatory reconsiderations or the like. I contacted the esa and told them I should not be in the wrag group and they told me many times 'you have another assessment coming up soon' so just wait!'.
Later somebody told I was misinformed and that I should have applied for a reconsideration.
I don't think I'm in the wrong. I was not informed of a change in group, about mandatory reconsiderations, deadlines and was also misinformed about waiting for the next assessment.
1. Did they automatically make the decision or would the assessor have looked at evidences, since I did not submit anything I think it happened automatically as a result of not attending the assessment.
2. Its been months now so is it too late for a reconsideration?
3. What should I do now? Do I have to make a new claim altogether and just stick with the wrag in the meantime?
Thanks
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- Gordon
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10 years 3 months ago #129352 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Removed from Support Group no notice, what now?
Amonia
To answer your questions
1. Missing an appointment can only have one of two effects on your ESA, none whatsoever or you are found Fit for Work for failing to participate, so you won't have been placed in the WRAG because of this this.
2. Providing the Decision is not more than 13 months ago, you can still make a request for Mandatory Reconsideration, however you will need to provide Good Cause as to why the request is late, these could be that you were never notified of the Decision, but you would also need to explain away any period where you started to receive letter about being in the WRAG.
3. See above. If an MR is refused because it is out of the normal one month, then you cannot pursue the matter further, it is worth saying that we have not seen this happen to date. Your only option then would be if you can show that there has been a documented deterioration in your conditions, if there has then you can ask to be re-assessed.
Whatever happens, while you remain in the WRAG you are required to participate in Work Focussed Interviews and Work Related Activity at the risk of having your benefit sanctioned. Any requests must make reasonable adjustments for the limitations that result from your conditions.
As an aside, you do not say whether you had an ESA50 as part of the assessment process, if this was not issued then the fact could be used to undermine the validity of any Decision to place you in the WRAG.
Gordon
To answer your questions
1. Missing an appointment can only have one of two effects on your ESA, none whatsoever or you are found Fit for Work for failing to participate, so you won't have been placed in the WRAG because of this this.
2. Providing the Decision is not more than 13 months ago, you can still make a request for Mandatory Reconsideration, however you will need to provide Good Cause as to why the request is late, these could be that you were never notified of the Decision, but you would also need to explain away any period where you started to receive letter about being in the WRAG.
3. See above. If an MR is refused because it is out of the normal one month, then you cannot pursue the matter further, it is worth saying that we have not seen this happen to date. Your only option then would be if you can show that there has been a documented deterioration in your conditions, if there has then you can ask to be re-assessed.
Whatever happens, while you remain in the WRAG you are required to participate in Work Focussed Interviews and Work Related Activity at the risk of having your benefit sanctioned. Any requests must make reasonable adjustments for the limitations that result from your conditions.
As an aside, you do not say whether you had an ESA50 as part of the assessment process, if this was not issued then the fact could be used to undermine the validity of any Decision to place you in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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