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ESA reassessment
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10 years 6 months ago #126085 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassessment
moh
The first thing I would do is phone the DWP to ask what is happening with your MR, it is possible that your original request was not actioned as you had also requested a Statement of Reasons, if it has not then you need to make the request again, you have two weeks from the date of the SoR letter to do so.
Next you should contact JC+ to make sure that they are aware that you are appealing the Decision, doing so should exempt you from the Work Programme, unless they have already referred you.
It is always worth supplying additional evidence to the MR process if you have it and it is supportive of an increased award, your aim is to be moved to the SG as soon as possible, waiting for a Tribunal will simply mean that you remain in the WRAG and subject to WRA for however long it takes for a hearing to be heard.
When to forward claimants to the WP is a DWP operational procedure, in other words it is not defined in law and therefore they can do so as they choose.
Typical WRA includes attending WFIs and you may be mandated to attend training, they may encourage you to take up voluntary work and they can mandate that you undertake a work placement in a voluntary role, you cannot be required to work or to seek work.
Gordon
The first thing I would do is phone the DWP to ask what is happening with your MR, it is possible that your original request was not actioned as you had also requested a Statement of Reasons, if it has not then you need to make the request again, you have two weeks from the date of the SoR letter to do so.
Next you should contact JC+ to make sure that they are aware that you are appealing the Decision, doing so should exempt you from the Work Programme, unless they have already referred you.
It is always worth supplying additional evidence to the MR process if you have it and it is supportive of an increased award, your aim is to be moved to the SG as soon as possible, waiting for a Tribunal will simply mean that you remain in the WRAG and subject to WRA for however long it takes for a hearing to be heard.
When to forward claimants to the WP is a DWP operational procedure, in other words it is not defined in law and therefore they can do so as they choose.
Typical WRA includes attending WFIs and you may be mandated to attend training, they may encourage you to take up voluntary work and they can mandate that you undertake a work placement in a voluntary role, you cannot be required to work or to seek work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- moh
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10 years 6 months ago #126089 by moh
Replied by moh on topic ESA reassessment
Hi Gordon
thanks very much for your comments.
I already informed teme they received my recommendation letter. But my advisor toled me I can send you to work programme if they decided to place you in wrag again. My question is can they do that if I I decided to apple?
Thanks again
thanks very much for your comments.
I already informed teme they received my recommendation letter. But my advisor toled me I can send you to work programme if they decided to place you in wrag again. My question is can they do that if I I decided to apple?
Thanks again
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10 years 6 months ago #126091 by Gordon
Current DWP procedures exempt claimants appealing a WRAG Decision from being forwarded to the WP, however, you cannot lodge an appeal until the MR process is completed, which is why I advise your chasing this and notifying your JC+ advisor of your intention to appeal if the MR is unsuccessful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassessment
moh wrote: Hi Gordon
thanks very much for your comments.
I already informed teme they received my recommendation letter. But my advisor toled me I can send you to work programme if they decided to place you in wrag again. My question is can they do that if I I decided to apple?
Thanks again
Current DWP procedures exempt claimants appealing a WRAG Decision from being forwarded to the WP, however, you cannot lodge an appeal until the MR process is completed, which is why I advise your chasing this and notifying your JC+ advisor of your intention to appeal if the MR is unsuccessful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: moh
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