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TOPIC: ESA Appeal and Work Interviews at JCP

ESA Appeal and Work Interviews at JCP 6 years 1 month ago #68839

Hello All,

I am now at the Appeal stage for ESA. My GL24(?) was received on the 29/7/11 and I have a letter stating that from Glasgow.

Today I received a letter from JCP saying I must come in for an appointment next week 26/9/11. I called immediately and spoke with the adviser who I saw for my first interview and who would be seeing me next week.

She told me that Parliment has decreed that until a decision was made on my case, I STILL had to go to the JCP interviews.

That is contrary to what I have been told here, but maybe I am confused. She asked me to support this claim, so now I am asking for your guidance.

1. do I have to go when in appeal stage for ESA?
2. If I do not, where do I get support for this? Who do I call?

Thank you so much for reading this and helping me.

cmarie

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Re:ESA Appeal and Work Interviews at JCP 6 years 1 month ago #68842

cmarie510 wrote:

Hello All,

I am now at the Appeal stage for ESA. My GL24(?) was received on the 29/7/11 and I have a letter stating that from Glasgow.

Today I received a letter from JCP saying I must come in for an appointment next week 26/9/11. I called immediately and spoke with the adviser who I saw for my first interview and who would be seeing me next week.

She told me that Parliment has decreed that until a decision was made on my case, I STILL had to go to the JCP interviews.

That is contrary to what I have been told here, but maybe I am confused. She asked me to support this claim, so now I am asking for your guidance.

1. do I have to go when in appeal stage for ESA?
2. If I do not, where do I get support for this? Who do I call?

Thank you so much for reading this and helping me.

cmarie



Hi CM,

As I recall, you are appealing WRAG to Support.

We have discussed this many times, we have not yet found any regulation that exempt a claimant from WFI's while appealing.

However, we did find the Job Centre Plus document as below.

We think it is a procedural issue, rather than regulations.

You could print off the document and try citing that,can't guarantee it will have the desired affect though.


See info on JCP document from link below:

www.dwp.gov.uk/docs/ib-reassessment-information-pack.pdf

It's the penultimate Q & A on page 20.

cheers

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: that to than

Re:ESA Appeal and Work Interviews at JCP 6 years 1 month ago #68844

Hi Cmarie

This topic has been discussed several times on the forum.

Despite multiple searches of the ESA legislation and regulations, my last one was about two weeks ago, we have been unable to find any reference to WFIs being suspended whilst a claimant is appealing to be placed in the WRAG.

So as it stands, I am afraid your attendance is still required.

I want to stress, for those reading this post out of context, that this is not the case for someone appealing a Fit for Work decision.

I would also appreciate, if we are not referred again to the DWP's IB Transfer guide, the reference to WFI attendance is out of context, and more importantly, this is not part of the legislation and/or regulations :)

Gordon

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

Re:ESA Appeal and Work Interviews at JCP 6 years 1 month ago #68853

Bro58 and Gordon,

Thank you for your patience. I was told that the interviews would be suspended during the appeal "phase"?, but that was not by a moderator but, I SHOULD HAVE DOUBLE CHECKED.

Sorry for bringing up old news but many thanks to both of you for clarifying. I will now be attending the interview next week.

I have to add, that when I saw a brown envelope in the mail my entire body broke out in a cold sweat. Having this forum here has calmed me, despite the news. ha!

1000 thank yous
cmaire

ps Good memory Bro58! :)

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Re:ESA Appeal and Work Interviews at JCP 6 years 1 month ago #68860

Hi Cmarie

I understand the concern that attending these WFIs is causing to many of the Members who do not feel that they are even capable of attending.

I wish that we had an answer, but we don't :(

Gordon

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

Re:ESA Appeal and Work Interviews at JCP 6 years 1 month ago #68861

Thanks for your support and thoroughness Gordon. I will be very happy to renew my membership with this priceless service, come March(?).

cmarie

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Moderators: bro58GordonMrs Hurtyback