- Posts: 174
ESA
- bro58
It may not be enough that The DWP simply provide a "list" of potential WRA in your area.
From :
“Para 106. But what the Secretary of State can and should provide is evidence of the types of work-related activity available in each area and by reference thereto what the particular claimant may be required to undertake and those which he considers it would be reasonable for the provider to require the claimant to undertake. The First-tier Tribunal would then be in a position to assess the relevant risks.”
Of :
IM v S of S. [2014] UKUT 412 (AAC) .
So the DWP have to state which options of The WRA you may be compelled to take part in.
If you have a Rep, you might want to draw their attention to this before the hearing.
This scenario has also been discussed on rightsnet from : This Post onwards.
bro58
Please Log in or Create an account to join the conversation.
- Somerset21
- Topic Author
- Offline
They also put, ''I respectfully point out that I courses I have considered would only require them to attend a maximum if 3 hours a week''.
They attached a list of work program's in my area with an average least to most demanding activities. But no proof of what I may have to do and I do not agree with the order of the list for me personally.
Also they put, ''The activities which she may be asked to comply with are prescribed as part of treatment for recovery from anxiety and depression, OCD and fibromyalgia and work-relate activities is intended as a first step towards that goal, rather than being left without purposeful daily activity''.
I do not do nothing all day. I have plenty of housework, rituals etc to try to do already.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Now you have a list of Work Related Activities that the DWP feel you are capable of doing you need to respond to each item and explain why you cannot perform it, then send the information to the Tribunal Service to be include as evidence in your hearing.
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.
- Somerset21
- Topic Author
- Offline
- Posts: 174
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Michelle wrote: Just an update. Went to my Tribunal hearing today, only to be told the doctor had not turned up ( the clerk said he didn't know where the doctor was). My hearing was postponed. I was told that it will be a full hearing, again! and that it will be a double slot as there is a lot to get through. Honestly, I have a full hearing in December and I have to have another one. It is like no one cares what this all does to your health in the mean time.
Sorry to hear this.
Unfortunately the Tribunal has little discretion in this matter, the law requires that both you and the DWP have a full and fair hearing, it would appear that this can only be achieved by starting from scratch again.
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.
- Somerset21
- Topic Author
- Offline
- Posts: 174
Please Log in or Create an account to join the conversation.