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Wrag Work program causing distress.

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11 years 1 month ago - 11 years 1 month ago #100392 by Paul
Sorry for the long post I tried to condense it as much as possible.

I have recently been moved from IB and placed in the WRAG group.
After a quick WFI carried out over the phone I have been put on the work program.

I suffer from paranoid depression, and have a social anxiety disorder. I have not yet left the house this year. (the last time I went out was for the WCA assessment)

I received a letter on Monday telling me that I have been mandated to attend a group induction session tomorrow (Friday), this is located in a pedestrianised area in a very busy unfamiliar town center.

I am really not sure that I can go through with this I do not cope well with social interactions and this appointment a GROUP SESSION in a BUSY PUBLIC PLACE.
The mere thought of having to do this is causing me great anxiety and distress, and I have spent the last couple of days feeling agitated, physically sick and unable to sleep. My thoughts are now starting to go to some really dark places. (I feel like I am literally losing the will to live.)

The letter states that if I do not go they may stop my money, yet I think if I do manage to go they could take that as evidence that I do not have a real problem.

I feel like the world is falling apart around me, this whole process has been a nightmare that I am still stuck in, and I really do not know how to proceed.

Do I have any options?
What happens if I am unable to go through with the meeting?
If I do manage to do what they ask, can they use this against my claim?

Feeling very lost, please help.
Last edit: 11 years 1 month ago by . Reason: Tick.

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11 years 1 month ago #100403 by Gordon
Replied by Gordon on topic Wrag Work program causing distress.
Paul

I am afraid your short term options are limited.

As a condition of your being in the WRAG you are required to participate in Work Related Activity which can include your being forwarded to the Work Programme.

Any activity you are asked to do must take into account any limitations that result from your condition(s), so my first recommendation is for you to contact your JC+ advisor and explain the problems that you would have in attending this appointment.

However, if you are not excused, then any failure to attend will likely result in benefits being sanctioned, although this is an appealable decision, it may takes months to resolve and may stilll not end in your favour. Sanctions continue to apply until the requirement is satisfied, so this will not be a one of hit to your payments. See

Changes to ESA Sanctions

As your JC+ advisor appears to believe that a return work is feasible, this problem will not go away, so you need to consider your long term options.

You can appeal to be placed in the Support Group, this must be on the basis that you meet one or more of the SG Descriptors, not because you do not believe you should be in the WRAG, if that makes sense. Appealing to be placed in the SG, should mean that you will be excused further Work Programme activity, but I cannot guarantee this.

If you want to consider an appeal, please have a look at the folowing FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Our ESA Appeal guide, which explains the process in more detail, is available on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 1 month ago - 11 years 1 month ago #100510 by Paul
Replied by Paul on topic Wrag Work program causing distress.
Many thanks for the reply.

I do not think I have have a JS+ advisor any more, after one telephone WFI I was told that the work program was mandatory, and I was also told that I would have no further contact with the JS+ advisor and all my future dealings would be with the work program provider.

I phoned the WP providers free phone help line number and spoke to a very understanding woman who said that she would cancel today's appointment, and ask my WP advisor to contact me by phone in the near future.

No one has yet been able to tell me my prognosis period.

One question still remains unanswered though, can activities carried out on the work program be used against you in future WCA assessments?
Last edit: 11 years 1 month ago by Gordon.
The following user(s) said Thank You: Bearer

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11 years 1 month ago #100513 by Gordon
Replied by Gordon on topic Wrag Work program causing distress.

Paul wrote: Many thanks for the reply.

I do not think I have have a JS+ advisor any more, after one telephone WFI I was told that the work program was mandatory, and I was also told that I would have no further contact with the JS+ advisor and all my future dealings would be with the work program provider.

I phoned the WP providers free phone help line number and spoke to a very understanding woman who said that she would cancel today's appointment, and ask my WP advisor to contact me by phone in the near future.

No one has yet been able to tell me my prognosis period.

One question still remains unanswered though, can activities carried out on the work program be used against you in future WCA assessments?


I think it reasonable to assume that the ATOS assessor at any future assessment will be aware that you have been forwarded to the Work Programme, but unlikely that they will have a detailed understanding of the activities you may be asked to undertake.

Whether this will have any effect on the outcome of that assessment is impossible to say, but clearly if you are performing activities that contradict your stated limitations, this may be an issue, all I can say is that at the moment is that there are no precedents in this area to help clarify the situation.

Gordon

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

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