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TOPIC: Man Con; and back to work interview.

Man Con; and back to work interview. 2 months 3 weeks ago #197698

Yesterday I received a letter telling me I have to go and see a work coach on Monday, which annoyed me as I still hadn't received my medical results from June; I have received this morning placing me in the work related group, which in itself is a surprise, I intend to ask for a man consideration as my condition has worsened and I have a new condition.

My questions are firstly:- Am I obliged to attended the work focused session on Monday if I am asking for a Mandatory Reconsideration.
Secondly:- I have been awarded 102.15 per week, plus back pay; it was my understanding that if placed in the Limited capability group the rate was 73.10 per week; obviously whilst delighted to receive this amount I am also sceptical it may be a mistake and will have to pay back any over payments.

I also wanted to say a very big thank you to Gordon and all the moderators on this excellent site, who without their help and advice I wouldn't have got as far as I have; and know doubt continue to help me fight the fight.
The following user(s) said Thank You: Mrs Hurtyback

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Man Con; and back to work interview. 2 months 3 weeks ago #197736

ccactus

You must attend the interview, no allowance is made for you challenging the Decision by your local JC+, although they must take into account any limitations that result from your conditions.

If you would be unable to physically attend the meeting then contact your new advisor and discuss the situation with them, they may be willing to hold the interview over the phone or even defer it.

From your previous posts your claim was made before April of this year, so you are not affected by the removal of the WRAG component for new claims.

You cannot request an MR on the basis of a new condition or a deterioration of your existing ones. An MR can only consider your health as it was at the time that the Decision was made.

So you have two options, ask for an MR on your original conditions or report the changes to DWP office dealing with your claim in writing, but be aware that doing so will result in a full reassessment of your claim, new ESA50 and almost certainly a face to face assessment.

Gordon

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

Man Con; and back to work interview. 2 months 3 weeks ago #197757

Thank you for your reply Gordon, I thought I would have to attend the work focused interview, which to be honest I would rather go to get it over and done with.
I am relieved to know I am on the 102.15 per week and it is not a mistake.
Since posting the questions, I have phoned for a Mand Reconsideration; and was shocked when the advisor said that my notes have been updated and on the 15/09/2017; a note had been added to my records to state that I have a new condition which was to do with my vision? I explained that I had not called and had no problem with my vision. The call handler then went on to explain I have only been awarded ESA work related for 6 months, which then threw me and therefore forgot to ask about the new condition placed on my record.

Sorry Gordon, but I need to ask; do I need to be concerned about this, is it possibly my records etc are mixed up with someone else; and how to I go about checking this, your advice is truly appreciated
.
Many thanks

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Man Con; and back to work interview. 2 months 3 weeks ago #197779

ccactus

I would make a Subject Access Request for your records in regard to the report that you have logged another condition with the DWP.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Gordon
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Man Con; and back to work interview. 2 months 2 weeks ago #197908

Hi Gordon, further to my previous posts, I have now received back my medical report; I have read the guides on how to appeal and how to argue each descriptor when for instance you believe should have earned points etc.
My question is how do you argue your case when more or less everything the HCA has written is a lie without calling them liars. Sorry for the question but I really am struggling to know how to deal with this; as at the end of the day its your word against theirs.

Many thanks

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Man Con; and back to work interview. 2 months 2 weeks ago #197938

ccactus wrote: Hi Gordon, further to my previous posts, I have now received back my medical report; I have read the guides on how to appeal and how to argue each descriptor when for instance you believe should have earned points etc.
My question is how do you argue your case when more or less everything the HCA has written is a lie without calling them liars. Sorry for the question but I really am struggling to know how to deal with this; as at the end of the day its your word against theirs.

Many thanks


Don't argue the report directly, doing so rarely makes any difference!

I would approach it in the following way.

I meet the criteria for X because of Y (this may simply require you to refer your PIP2), this is supported by evidence Z, the assessor has recorded I do A,B and C this is inconsistent with my form and evidence and was not something that I indicated doing during the assessment so I am unsure how they have come to their conclusions.

Obviously use your words, but your primary goal is to show that you meet the criteria to score the points you think you should have. At worst it will stand you in good stead if you have to appeal.

Gordon
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