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Can they close a claim for not responding to JC+ ?

  • James
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11 years 4 months ago - 11 years 4 months ago #115476 by James
Its been some 4 months now and so far The JC+have not yet managed to hold a preliminary WRAG interview as I was unable to attend on 6 occassions.
As advised earlier on the site I am following the policy of not establishing a precedent.
The allocated JC+ advisor whom I have yet to meet face 2 face persists in harrassing me to attend.
Just a few days ago I found a message from them left on my 121 Voicemail at 7.30pm
at night.Something I though was forbidden according to information on here?
After each non attendence they send you the same form letter demanding that I contact them to explain my abscence.So far I have done so but now I feel that the time for talking is over and that I am unlikely to be offered further interview dates
and that as the WRAG runs out in September anyway they might as well get on with Sanctions.
By from now on ignoring further communications all together do I run the risk of the claim being shut?
Do I run the risk of being sent for a medical to find out if Ive been assessed correctly?
I feel if I do cut off all communication they might use it as an excuse to say oh this chap must have moved,got a job,etc and thus shut down the claim entirely instead of keeping it open but sanctioned.
I am expecting to hear from the DWP as soon as the case has been passed to them by the JC+ advisor.
Last edit: 11 years 4 months ago by . Reason: Tick.

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11 years 4 months ago #115484 by Gordon
James

As a condition of entitlement you are required to provide the DWP with any information that they deem is necessary in regard to your claim, failing to provide it can result in payments being suspended.

Regulation 157 deals with Misconduct and Disqualification, but is limited to the cases to which it applies so I am not convinced that it could be used to remove the benefit completely, however, this may be moot if your are not receiving payments.

The DWP can certainly start a new assessment process, this can be done at anytime after three months have elapsed from a previous Decision.

To be honest I see no value in stopping communication with the DWP, the only person is disadvantages is yourself.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • James
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11 years 4 months ago - 11 years 4 months ago #115538 by James
Thanks Gordon for your response to this.On your advice I have re opened negotiations with the JC+ and its shows that being piositive can sometimes pay off.
A sympathetic advisor re scheduled this first appointment for some 7-8 weeks away with little fuss until I feel better.It was their suggestion not my request.
They must be running some backlog with those lead times!
That'll make going on for 6 months since being categorised as IB to WRAG & yet to attend the first WRAG interview at the JC+.
In another 6 months after that the WRAG years award will run out so I dont know what will happen then.
Im not planning on applying for ESA(IR).
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #115540 by Gordon
James

I suspect that one of the reasons you have not been forwarded to the Work Programme is that you are currently only receiving ESA(CB).

Glad to hear that you have some breathing space.

Gordon

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

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