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- When do i need a sick note and which to which JP
When do i need a sick note and which to which JP
- bro58
bro58 wrote:
John wrote:
I sent my fit note in to the JP a week before the date that it was needed to so i could get the assessment rate until my appeals been sorted.Today,i get a letter from JP saying i need to send a fit note in to get the assessment rate and if i don't before a certain date they won't pay me the assessment rate.I have copies of fit note,proof of posting,and proof of delivery
Hi J
If the "fit note" that you posted to the DWP covers you from the date that your IB ceased, and is not yet due for renewal, I would contact them by phone informing them of this.
I would then repost copies of the "fit note" proof of posting, and the proof of delivery, with a covering letter of complaint.
See :
Sending Documents to the DWP or ATOS
Complaining to the DWP
Contacting your MP
bro58
Now i am confused,After getting the "you still need to send a fit note in before we pay you the assessment rate" letter yesterday,today i received another letter from a different JP saying they ARE paying me the assessment rate from the date my IB stopped.Do i still go ahead with sending copies etc that you advised last night in above post or not?Also,while i'm on the assessment rate can they ask me to go to work focused interviews?
Hi J,
The DWP seem to be "gridlocked" at this time, and also seem to be in a total state of confusion.
I would still send copies of the MED 3 etc, just to cover yourself.
As you are appealing a "fit for work" decision, and therefore will only receive the assessment rate of ESA, without The Work Related Activity Component payment, you cannot be compelled to attend WFI's or WRA. See :
Do I have to attend WFIs while I appeal?
bro58
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- John
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- John
- Topic Author
The reason i ask is because i have a letter from them(DWP)Which in Bold writing at top says "Your claim for employment and support allowance".Under that its says "A change in the employment and support allowance rate payable"
Basically the letter is telling my they will be paying me the assessment rate from ??/08/2012
But underneath the bold bits it says: "We have looked at your claim again following a recent change"<<<<<Does this mean they've looked at my claim again since me appealing and not changed the decision and therefore paying me the enclosed assessment rate?Or is this a generic letter?Also the letter says i might have to participate in work focused interviews but that must be wrong.
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- Gordon
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Unfortunately most DWP correspondance is not known for making sense, my best advice is for you to ring the DWP for an update.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- John
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- Gordon
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- Posts: 51287
In simplistic terms there are two outcomes to a Reconsideration.I know that the DWP can probably ask you to go for an assessment anytime,but if you appeal,and they reconsider,can they just send you for another assessment instead of letting it go to appeal court/put in WRAG or SUpport group.
The DWP can find in your favour and your appeal will be lasped (cancelled), if you disagree with this updated Decision, you can lodge a new appeal. For example, you appeal a Fit for Work Decision and are placed in the WRAG but you believe you should be in the Support Group.
The original Decision is not revised in which case the DWP will submit your papers to the Tribunal Service for a hearing to be held.
As you surmise, the DWP can in principle initiate a new assessment at any time, this could occur in parallel to any Reconsideration or appeal. However, an assessment will result in a new Decision being made, whereas a Reconsideration and appeal are only concerned with the existing Decision.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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