- Posts: 1
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Contacted by Job Center Plus while on ESA Appeal
× Members
Contacted by Job Center Plus while on ESA Appeal
- layton12360
- Topic Author
- Offline
Less More
12 years 7 months ago #88203 by layton12360
Contacted by Job Center Plus while on ESA Appeal was created by layton12360
Whilst appealing against a decision that I do not have limited capability for work-related activity the JCP contacted me by telephone today (June 27 2012) requesting if I was available to attend a work related focused interview that afternoon which I should have received a letter in the post about - I received no letter. Neither have I received any letter confirming my appeal date with ESA sent February 10 2012 (copy below).
Whilst on the telephone the lady from the JCP asked a number of work related questions and said they would ring back in a couple of months when/if my appeal had been decided?
Are the JCP allowed to carry out a work focused interview even though I am under appeal which I believe is treated as a fresh ESA claim.
Copy of my appeal letter below dated - 10 February 2012
I wish to appeal against the decision that I do not have limited capability for work-related activity. I consider that I provided enough evidence for a finding to be made that I do have limited capability for work-related activity.
I do not consider that the Decision Maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions. Although it will be difficult for me, I wish to have an oral hearing so that I can explain through my representative the full effects of my condition to a tribunal and answer any questions they may wish to ask.
If you wish to contact me about this please do so in writing. I do not wish to receive any telephone calls as I consider welfare benefits too complex to be discussed over the telephone. Please also note that under no circumstances will I withdraw my request verbally. If my request is ignored and I am contacted by telephone any apparent verbal request to withdraw my challenge will be based on a misunderstanding on your part.
I will provide any further evidence as soon as it becomes available.
I will also be obtaining copies of all the evidence used by the decision maker under the Data Protection Act.
I look forward to your reply
Whilst on the telephone the lady from the JCP asked a number of work related questions and said they would ring back in a couple of months when/if my appeal had been decided?
Are the JCP allowed to carry out a work focused interview even though I am under appeal which I believe is treated as a fresh ESA claim.
Copy of my appeal letter below dated - 10 February 2012
I wish to appeal against the decision that I do not have limited capability for work-related activity. I consider that I provided enough evidence for a finding to be made that I do have limited capability for work-related activity.
I do not consider that the Decision Maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions. Although it will be difficult for me, I wish to have an oral hearing so that I can explain through my representative the full effects of my condition to a tribunal and answer any questions they may wish to ask.
If you wish to contact me about this please do so in writing. I do not wish to receive any telephone calls as I consider welfare benefits too complex to be discussed over the telephone. Please also note that under no circumstances will I withdraw my request verbally. If my request is ignored and I am contacted by telephone any apparent verbal request to withdraw my challenge will be based on a misunderstanding on your part.
I will provide any further evidence as soon as it becomes available.
I will also be obtaining copies of all the evidence used by the decision maker under the Data Protection Act.
I look forward to your reply
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
12 years 7 months ago #88204 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Contacted by Job Center Plus while on ESA Appeal
Presumably, your post is for information only, since as members are aware, we cannot reply to individual queries.
All information/advice on ESA and Appeals can be found HERE
Just scroll down to ESA, then to Appeals.
All information/advice on ESA and Appeals can be found HERE
Just scroll down to ESA, then to Appeals.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
12 years 7 months ago #88207 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Contacted by Job Center Plus while on ESA Appeal
Beano
If you are appealing a Fit for Work Decision then you should not be required to partake in Work Related Activity and WFIs.
The exception to this is when this is for a new claim, where a mandatory WFI should be scheduled for week 8 of the Assessment period, if this did not occur, the JC+ office may be trying to catch up.
If you are appealing to be placed in the Support Group from the WRAG, then you are still required to attend WFIs, although notifying the JC+ advisor may result in your WFIs being deferred.
I hope this explains it.
Gordon
If you are appealing a Fit for Work Decision then you should not be required to partake in Work Related Activity and WFIs.
The exception to this is when this is for a new claim, where a mandatory WFI should be scheduled for week 8 of the Assessment period, if this did not occur, the JC+ office may be trying to catch up.
If you are appealing to be placed in the Support Group from the WRAG, then you are still required to attend WFIs, although notifying the JC+ advisor may result in your WFIs being deferred.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- mike
- Offline
Less More
- Posts: 43
12 years 7 months ago #88209 by mike
Replied by mike on topic Re: Contacted by Job Center Plus while on ESA Appeal
Hi beano
As far as i know when someone is appealing a no ESA Decision, then they do not have to attend work focussed interviews.
Mike
As far as i know when someone is appealing a no ESA Decision, then they do not have to attend work focussed interviews.
Mike
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David