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Meeting a work coach

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6 years 6 months ago #197033 by Poiuy
Meeting a work coach was created by Poiuy
After a recent face-to-face reassessment for ESA, I have received a letter, demanding that I meet my work coach. Is this a legal requirement because I am in the Support Group and I have not received anything from the DWP to inform me that I have been moved into WRAG? Am I not entitled to appeal any such decision? But how can I when I have not received a Decision letter?

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6 years 6 months ago #197066 by Gordon
Replied by Gordon on topic Meeting a work coach
Jonesey

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

It sounds like your latest reassessment has placed you in the WRAG and that is why you have received this letter. Unfortunately, your local JC+ office is notified electronically whereas a Decision Letter can easily take 10-14 days to be received by the claimant.

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 (ESA85), 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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6 years 6 months ago #197097 by Poiuy
Replied by Poiuy on topic Meeting a work coach
Thank you. Yes, you are correct, the decision letter stating that I have been moved from the Support Group to the WRAG, came today. My husband rang and requested a copy of the assessment form ESA85. Do you suggest I wait to receive this 25 page document before I send off a Mandatory Reconsideration Letter? Thanks.

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6 years 6 months ago #197102 by Gordon
Replied by Gordon on topic Meeting a work coach

Jonesey wrote: Thank you. Yes, you are correct, the decision letter stating that I have been moved from the Support Group to the WRAG, came today. My husband rang and requested a copy of the assessment form ESA85. Do you suggest I wait to receive this 25 page document before I send off a Mandatory Reconsideration Letter? Thanks.


I would certainly wait while you can, but don't allow it to stop you getting the MR request to the DWP within the one month normally allowed, you can always request additional time when you make the request, the DWP should allow a further four weeks for you to send more information.

Gordon

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