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failed my wca confused about having to claim jsa
- marie333
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6 years 8 months ago #194916 by marie333
failed my wca confused about having to claim jsa was created by marie333
hi i had a wca on the 13th of july and on friday the 4th got a call to say i failed,, im beside my self with anxiety and worried how im going to surport my daughter and i,, i dont know what to do and just feel to over whelmed to fight this one out,, change and having to call people make claims etc really causes me great distress,, also i had a text a week before my wca.. in regards to my pip claim saying that thay had all the infomation thay needed etc etc, when i called them about my pip i was told thay had a report from atos and i didnt need a f2f etc ,, did thay use my atos report from 3 years ago for my esa wca,, ive still not heard from pip its been 4 weeks now since the sext,, im worried thay are holding out for the recent wca to make a disition about my pip claim even tho thay said thay already had the report from atos,, im so worried about all this i was a mess at my wca and just feel like giving up since the outcome,, i cant stop crying and am so depressed , will this wca afect my pip claim and what do i do now ,, im a single mum and dont have anyone to help me any advice please thanks
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- Gordon
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6 years 8 months ago #194942 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic failed my wca confused about having to claim jsa
Marie
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
As an interim solution while you challenge the Decision you can make a claim for JSA or Universal Credit, if the former then once your appeal is accepted and in payment then you can present a Fit Note and be excused for up to 13 weeks from any Claimant Commitment. If it is UC then the rules are different and you will need to speak to a JC+ advisor.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
As an interim solution while you challenge the Decision you can make a claim for JSA or Universal Credit, if the former then once your appeal is accepted and in payment then you can present a Fit Note and be excused for up to 13 weeks from any Claimant Commitment. If it is UC then the rules are different and you will need to speak to a JC+ advisor.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum 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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