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POID1 and med 3

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8 years 7 months ago - 8 years 7 months ago #140544 by Kazzen161
POID1 and med 3 was created by Kazzen161
I have just had a call from the local JC saying they have been trying to contact my son to arrange an appointment with a work coach. Please could you advise:

a) should they be doing this even though we have not yet had a decision letter following his recent ESA assessment? I said "do I presume he has been put in WRAG?" (he was in the support group previously) and she said she couldn't say but I should have received a letter.

b) should they be contacting my son about this when I am his appointee (because he cannot deal with things over the phone?)

c) might us attending this JC appointment affect any appeal that we might choose to make once we have had the decision letter?
Last edit: 8 years 7 months ago by slugsta.

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8 years 7 months ago #140550 by slugsta
Replied by slugsta on topic POID1 and med 3
Hi Kazzen,

1) We have had members in the Support Group who have been 'invited' to the JC for an interview and not told that this is voluntary. You need to check the status of this interview and ask what would happen if your son does not go.

If he is currently in the Support Group and awaiting re-assessment then no, he cannot be mandated to attend.

If this is a new claim and your son is in the assessment phase then he can be required to attend.The JC are obliged to make whatever 'Reasonable adjustments' your son needs. This could include the interview being conducted over the phone, although this would be entirely at the advisor's discretion.

2) I think communication should be sent t you but, of course, it would be your son who had to attend.

3) Attending this appointment would not adversely affect any appeal you might make.

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

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8 years 7 months ago #140563 by Kazzen161
Replied by Kazzen161 on topic POID1 and med 3
Just to clarify, my son is on ESA in the Support Group; he had a re-assessment a few weeks ago but we have had no decision letter yet.

The JC called today and said they had been trying to contact my son (by phone), to arrange for him to see a work coach next week.

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8 years 7 months ago #140596 by Kazzen161
Replied by Kazzen161 on topic POID1 and med 3
Just to clarify, my son was already on support level ESA and was reassessed recently.

I have just seen your comment on another post:
"The risk factors for Regulation 29 and 35, have been tightened up, you also need to be aware that unlike the Descriptors where you can rely on historical evidence, both Regulations require current evidence that there is a risk to you or others, the current ESA guides explain the changes."

I did not know that there had been changes. We filled the form in in January and I was not able to access the guides before his assessment. The assessor kept asking for recent examples (not easy as my son's life is now set up to reduce any incidents) and quizzed him in depth about his recent depression and whether he had made plans on how to end his life (I had told her we were still waiting to see a doctor about his depression, so I was not happy about her probing).

I am starting to wonder whether he has been awarded any ESA. I will call them to see if I can find out tomorrow.

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8 years 7 months ago #140600 by Gordon
Replied by Gordon on topic POID1 and med 3
Kazzen

You need to contact the DWP for an update.

If he is being asked to attend at his local JC+ then this would only be because he has an award, however, there is no way to know whether he is now in the WRAG or he remains in the Support Group.

If he is still in the SG then have a look at the following

Invited to a face to face assessment but no ESA50 sent

If he is in the WRAG then he can be mandated to attend Work Focussed Interviews (WFI) and to participate in Work Related Activity (WRA) and can have his benefit sanctioned if he fails to attend. However, the JC+ advisor must take into account any limitations that result from his limitations, for example WFIs can be held over the phone and WRA can be deferred.

Regulation 29 was updated in January 2013, the wording of Regulation 35 remains unchanged but the DWP guidance on when a claimant would be expected to be at risk has been updated several times, there is also new Case Law in regard to the WRA referred to.

The requirement for up to date evidence is not new.

Gordon

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

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8 years 7 months ago #140605 by Kazzen161
Replied by Kazzen161 on topic POID1 and med 3
Thank you for your reply Gordon.

This assessment was so different to the last three that it really threw me.

I will call them tomorrow to find out what is going on.

In your ESA guide it says that there is a detailed guide to work focused interviews, but I cannot find it. Do you have a link please?

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