- Posts: 51288
Big Gross Error in ESA
- Mark Sutton
Mark Sutton wrote:
bro58 wrote:
Doh, many thanks!If you are appealing a "Fit for work" ESA WCA decision, you CANNOT be compelled to attend WFI's, WRA, see here :
www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#70860
bro58
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- Dorset-angel
- Topic Author
I am also awaiting to hear from tribunal, as i have stated i was not going to fill forms in which had my old address and still i await for forms from them. Parliamentary Health Services ombudsman is looking into to my complaint regarding the Gross Maladministration. I have also been told i would still have to attend court as ATOS found me fit for work, can DWP over turn this or is this another lie we get told?
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- bro58
Thank you kindly for this, but i got told i had to attend as i was on the WRAG before my appeal. I did snap and say i haven't let the home for some time now, as i am not well at present. As far as i am concerned i am not fit to look for work, but my doctor has given me a sick note which i clearly have to sign on the back of it, that i have not worked both pay or voluntarily, So for me kind of contradicts when they want me to apply for jobs or even do voluntary work of which i can't do either. So i told him to stop my money as £65.00 wasn't going far anyway and i was tired of the whole system. So far it hasn't been stopped.
I am also awaiting to hear from tribunal, as i have stated i was not going to fill forms in which had my old address and still i await for forms from them. Parliamentary Health Services ombudsman is looking into to my complaint regarding the Gross Maladministration. I have also been told i would still have to attend court as ATOS found me fit for work, can DWP over turn this or is this another lie we get told?
Hi DA,
I don't know whether I have misunderstood you or not, as I assumed that from your comments regarding not being fit for work, that you were appealing a "fit for work" decision. (Scored less than the required 15 points on your ESA WCA)
If you are appealing such a "fit for work" decision the following applies :
Do I have to attend WFIs while I appeal?
If you were placed in the WRAG, you are not classed as "fit to work", and if appealing an award of WRAG to gain entry into the Support Group, see imformation re : this scenario on the same link above.
See further information on WFI's here :
Work Focussed Interviews
I hope this now clarifies any confusion that may have arisen.
bro58
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- Gordon
- Offline
Only a Decision Maker can sanction your ESA payments for not attending a WFI, however, I stand by Bro58s original statement, that you are not required to attend a WFI while appealing a Fit for Work Decision.
The DWP can only overturn the Decision that you are Fit for Work if you provide evidence that you meet the requirements for ESA. This is what your appeal is for, failing that, you need to attend a Tribunal hearing to argue your case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
See further information on WFI's here :
www.benefitsandwork.co.uk/benefits-news/story/164
bro58
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- Dorset-angel
- Topic Author
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