Advice needed please re ESA Appeal process

del wrote: Thanks Gordon. Sorry for another question, having a foggy day today, brain not working, cannot think for myself

Could you please let me know where I could find out what exactly we are required to do if in WRAG? I have been in it for the past year but so far they have not been able to do anything with me to my health restrictions so I haven't a clue what is actually expected.

It depends on why you are asking the question

In terms of the activities you might need to do

Work Focussed Interviews

Work Programme

In terms of appealing to be placed in the Support Group on the basis of Regulation 35

35.(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a) the claimant suffers from some specific disease or bodily or mental disablement; and
(b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

The problem is that there is no definitive list of activities that comprise the term Work Related Activity, however, they certainly include attending WFIs (remembering that these can be done over the phone or even in the claimants home), attending suitable training and finally volunteer work under the Work Programme.

I hope this helps.

Gordon

del wrote: Hi Gordon, looking for information if in ESA WRAG should the JCP personal adviser feel it appropriate in addition to attending regular interviews with them they can mandatory place me in voluntary work placements, attend courses or other work-related things which I have not got a clue what they are but does anyone .

Also, any idea what 3 yr backstop trigger review means with ESA WRAG?

Do JCP Personal Advisers receive any details about actual medical conditions or restrictions of claimants/clients?

While you are in the WRAG the JC+ advisor can require you undertake, in addition to attending WFIs, a variety of Work Related Activities, these are usually things such as producing a CV or other work related documents, and attending training courses. In addition, they can require a claimant undertake voluntary work activities, but not work placements and of course they can forward claimants to the Work Programme.

The advisor does not have access to the claimants ESA50 or anything attached, and will initially only have a basic understanding of the conditions that the claimant suffers from by what is recorded in the computer system, the first WFI is primarily to allow the advisor to get a better understanding of the claimants conditions and how they affect them.

You should be aware, whilst any activity you are asked to undertake must take into account any limitations that result from your conditions, a failure to participate can result in sanction.

Changes to ESA Sanctions

I have not heard of the phrase "3 yr backstop trigger", so cannot advise.

Gordon