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Do we have to attend work-focused interview?
- Sharon
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11 years 1 month ago - 11 years 1 month ago #100560 by Sharon
Do we have to attend work-focused interview? was created by Sharon
Hi,
I'm acting for my daughter who has autism and epilepsy. She was placed straight onto WRAG from Incapacity without a medical. I sent off the relevant form with lots of info about her conditions but in retrospect feel they must have just put her through the points system which led to her being placed in WRAG without taking into consideration how her disability actually affects her.
We have appealed and I am in the process of collecting further evidence.
We have now received a letter asking her to attend a work-focused interview. I rang the DWP who confirmed they have our appeal. They said they would get someone from the local office (where this letter comes from) to telephone us to see what they could do. I telephoned them myself after this promised phone-call didn't happen. The lady concerned isn't there for a week so I have now been given a day and time for either when we have to visit or a telephone interview can take place.
We are appealing to say that her autism related social abilities are such that she suffers severe anxiety, has difficulties with other people and social situations to the extent that she can and has in the past suffered a seizure.
What I'd like to know is .... do we have to attend this interview? and if she isn't able to what would be the consequences?
Thanks for any advice received it's really appreciated .... this whole process is an absolute mine field and I believe the fact is everyone possible has been put straight onto WRAG so the onus is on the disabled to prove their case yet again. I would like to know why my doctor's opinion counts for nothing, how much is all this costing not just in monetary terms but in health terms to everyone affected.
I'm acting for my daughter who has autism and epilepsy. She was placed straight onto WRAG from Incapacity without a medical. I sent off the relevant form with lots of info about her conditions but in retrospect feel they must have just put her through the points system which led to her being placed in WRAG without taking into consideration how her disability actually affects her.
We have appealed and I am in the process of collecting further evidence.
We have now received a letter asking her to attend a work-focused interview. I rang the DWP who confirmed they have our appeal. They said they would get someone from the local office (where this letter comes from) to telephone us to see what they could do. I telephoned them myself after this promised phone-call didn't happen. The lady concerned isn't there for a week so I have now been given a day and time for either when we have to visit or a telephone interview can take place.
We are appealing to say that her autism related social abilities are such that she suffers severe anxiety, has difficulties with other people and social situations to the extent that she can and has in the past suffered a seizure.
What I'd like to know is .... do we have to attend this interview? and if she isn't able to what would be the consequences?
Thanks for any advice received it's really appreciated .... this whole process is an absolute mine field and I believe the fact is everyone possible has been put straight onto WRAG so the onus is on the disabled to prove their case yet again. I would like to know why my doctor's opinion counts for nothing, how much is all this costing not just in monetary terms but in health terms to everyone affected.
Last edit: 11 years 1 month ago by . Reason: Tick.
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- slugsta
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11 years 1 month ago #100562 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Do we have to attend work-focused interview?
I am afraid that there is a requirement to undertake Work Related Activites while awaiting appeal, although your daughter should not be excused from entering a Work Program.
Do I have to attend WFIs while I appeal?
It is possible to have WFI's deferred or they can sometimes be done over the phone. This is entirely at the discretion of the JCP advisor though. It is supposed to be possible to have them carried out in the claimant's own home, but I have never heard of this happening!
A doctor's letter is sometimes helpful in getting some allowance but not always. Failure to attend when required to do so can result in a sanction and, under the new rules, this sanction would continue until a WFI has taken place. This can be appealed but the reality is that this would probably take a long time with no money being paid.
Changes to ESA Sanctions
When it comes down to it, all you can do is make the best possible case to the JCP advisor and hope that they exercise some commonsense and humanity!
Do I have to attend WFIs while I appeal?
It is possible to have WFI's deferred or they can sometimes be done over the phone. This is entirely at the discretion of the JCP advisor though. It is supposed to be possible to have them carried out in the claimant's own home, but I have never heard of this happening!
A doctor's letter is sometimes helpful in getting some allowance but not always. Failure to attend when required to do so can result in a sanction and, under the new rules, this sanction would continue until a WFI has taken place. This can be appealed but the reality is that this would probably take a long time with no money being paid.
Changes to ESA Sanctions
When it comes down to it, all you can do is make the best possible case to the JCP advisor and hope that they exercise some commonsense and humanity!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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11 years 1 month ago #100563 by Gordon
I am afraid that whilst your daughter remains in the WRAG, she will be required to participate in Work Related Activity which includes WFIs, however, having appealed she should avoid being forwarded to the Work Programme. See
Work Focussed Interviews
The JC+ advisor may be willing to defer her WFIs or to hold them over the phone, but this is entirely at their discretion.
You also need to be aware that failing to comply, can lead to your daughters benefit being sanctioned, whilst this is appealable, it can take months to resolve. See
Changes to ESA Sanctions
I hope you will understand, but I am not really in a position to comment on your questions in your last paragraph.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Do we have to attend work-focused interview?
Sharon wrote: Hi,
I'm acting for my daughter who has autism and epilepsy. She was placed straight onto WRAG from Incapacity without a medical. I sent off the relevant form with lots of info about her conditions but in retrospect feel they must have just put her through the points system which led to her being placed in WRAG without taking into consideration how her disability actually affects her.
We have appealed and I am in the process of collecting further evidence.
We have now received a letter asking her to attend a work-focused interview. I rang the DWP who confirmed they have our appeal. They said they would get someone from the local office (where this letter comes from) to telephone us to see what they could do. I telephoned them myself after this promised phone-call didn't happen. The lady concerned isn't there for a week so I have now been given a day and time for either when we have to visit or a telephone interview can take place.
We are appealing to say that her autism related social abilities are such that she suffers severe anxiety, has difficulties with other people and social situations to the extent that she can and has in the past suffered a seizure.
What I'd like to know is .... do we have to attend this interview? and if she isn't able to what would be the consequences?
Thanks for any advice received it's really appreciated .... this whole process is an absolute mine field and I believe the fact is everyone possible has been put straight onto WRAG so the onus is on the disabled to prove their case yet again. I would like to know why my doctor's opinion counts for nothing, how much is all this costing not just in monetary terms but in health terms to everyone affected.
I am afraid that whilst your daughter remains in the WRAG, she will be required to participate in Work Related Activity which includes WFIs, however, having appealed she should avoid being forwarded to the Work Programme. See
Work Focussed Interviews
The JC+ advisor may be willing to defer her WFIs or to hold them over the phone, but this is entirely at their discretion.
You also need to be aware that failing to comply, can lead to your daughters benefit being sanctioned, whilst this is appealable, it can take months to resolve. See
Changes to ESA Sanctions
I hope you will understand, but I am not really in a position to comment on your questions in your last paragraph.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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