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WCA and Permitted Work
- Liz
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10 years 10 months ago - 10 years 10 months ago #122805 by Liz
WCA and Permitted Work was created by Liz
I have been given permission to do up to 4-5 hours, which is within the higher rate permitted work. I am on income related ESA. I have read that I should not have WCA and only have a 6 monthly review. However, I am being made to attend a WCA in 2 weeks. I am concerned they will pull the rug out from underneath me and rule against me even though I am attempting to work.
Last edit: 10 years 10 months ago by Gordon.
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- Gordon
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10 years 10 months ago #122807 by Gordon
Starting Permitted Work should not result in a new re-assessment of your claim (WCA), if you have just been given permission to start PW and have also received an appointment for a WCA then it is most likely a coincidence, when did you last complete an ESA50 and have you had a WCA following it?
I'm not sure what you mean by a six monthly review? The only review process for ESA is the ESA50 and WCA, it is possible that you re-assessment date was set for six months. You need to be aware that there are considerable delays in the ESA system at the moment and is not uncommon for us to hear of WCAs being separated from the ESA50 by periods in excess of 12 months.
Both the ATOS assessor and the DWP Decision Maker are entitled to take into account your doing PW as part of the review, especially if the activities you are performing as part of your work are contradictory to the limitations that you have stated on the ESA50, as a somewhat silly example; if you took a job delivering letters door to door and stated you had problems with Mobility, this would undoubtedly raise red flags.
There is a guide to PW in the ESA section.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WCA and Permitted Work
Liz wrote: I have been given permission to do up to 4-5 hours, which is within the higher rate permitted work. I am on income related ESA. I have read that I should not have WCA and only have a 6 monthly review. However, I am being made to attend a WCA in 2 weeks. I am concerned they will pull the rug out from underneath me and rule against me even though I am attempting to work.
Starting Permitted Work should not result in a new re-assessment of your claim (WCA), if you have just been given permission to start PW and have also received an appointment for a WCA then it is most likely a coincidence, when did you last complete an ESA50 and have you had a WCA following it?
I'm not sure what you mean by a six monthly review? The only review process for ESA is the ESA50 and WCA, it is possible that you re-assessment date was set for six months. You need to be aware that there are considerable delays in the ESA system at the moment and is not uncommon for us to hear of WCAs being separated from the ESA50 by periods in excess of 12 months.
Both the ATOS assessor and the DWP Decision Maker are entitled to take into account your doing PW as part of the review, especially if the activities you are performing as part of your work are contradictory to the limitations that you have stated on the ESA50, as a somewhat silly example; if you took a job delivering letters door to door and stated you had problems with Mobility, this would undoubtedly raise red flags.
There is a guide to PW in the ESA section.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
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- slugsta
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10 years 10 months ago - 10 years 10 months ago #122812 by slugsta
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Replied by slugsta on topic WCA and Permitted Work
I wondered if Liz was actually referring to Work Related Activities rather than WCA but her comments, following, clearly show that this is not the case.
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Last edit: 10 years 10 months ago by slugsta. Reason: clarification
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- Liz
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10 years 10 months ago - 10 years 10 months ago #122845 by Liz
Replied by Liz on topic WCA and Permitted Work
Thanks Gordon. It has been 10 months since I sent in my ESA50 and I sent in all my evidence at that time. The gap is worrying. The evidence is still relevant but is 10 months old now.
Yes, it may be a coincidence that my WCA date has arrived almost at the same time as my PW permission. It was the Jobcentre Plus who said I would have a six monthly review regarding Permitted work.
I would like the Atos Assessor to take into account that I am trying to have a go at some work. It would seem logical that they would be happy about that and allow me my year to make a go of it.
It was on the Workways website that I read, ' You do not have to undergo a medical test (Work Capability Assessment) just because you are doing permitted work. However, if a medical test is due as part of your regular benefits-related review it will go ahead as planned'.
If they still rule against me, I understand I now have to go through a mandatory reconsideration before I can appeal, and I do not get any payments while that happens? They are supposed to process the reconsideration within 14 days but in reality, is it taking longer and do they still not make any payments if it is after the 14 days?
Thanks
Yes, it may be a coincidence that my WCA date has arrived almost at the same time as my PW permission. It was the Jobcentre Plus who said I would have a six monthly review regarding Permitted work.
I would like the Atos Assessor to take into account that I am trying to have a go at some work. It would seem logical that they would be happy about that and allow me my year to make a go of it.
It was on the Workways website that I read, ' You do not have to undergo a medical test (Work Capability Assessment) just because you are doing permitted work. However, if a medical test is due as part of your regular benefits-related review it will go ahead as planned'.
If they still rule against me, I understand I now have to go through a mandatory reconsideration before I can appeal, and I do not get any payments while that happens? They are supposed to process the reconsideration within 14 days but in reality, is it taking longer and do they still not make any payments if it is after the 14 days?
Thanks
Last edit: 10 years 10 months ago by Gordon.
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- Gordon
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10 years 10 months ago #122850 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WCA and Permitted Work
Liz
The WCA takes no account of whether the claimant is trying to work or not, in fact the ESA Descriptors do not test a claimants ability to work, it is a determination that results from the WCA. I am afraid I can see no circumstances where the assessor will see your attempting to work as a positive, they will be looking to see whether it compromises your limitations as stated on your ESA50.
If you are found Fit for Work the first stage to your appealing this is to request a Mandatory Reconsideration, you will not be entitled to payment whilst this occurs, the intention is to complete MRs within two weeks, there are no published statistics as to actual time but we are regularly seeing members waiting 6-8 weeks and in some cases longer.
Gordon
The WCA takes no account of whether the claimant is trying to work or not, in fact the ESA Descriptors do not test a claimants ability to work, it is a determination that results from the WCA. I am afraid I can see no circumstances where the assessor will see your attempting to work as a positive, they will be looking to see whether it compromises your limitations as stated on your ESA50.
If you are found Fit for Work the first stage to your appealing this is to request a Mandatory Reconsideration, you will not be entitled to payment whilst this occurs, the intention is to complete MRs within two weeks, there are no published statistics as to actual time but we are regularly seeing members waiting 6-8 weeks and in some cases longer.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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