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ESA and PIP
10 years 5 months ago - 10 years 5 months ago #127186 by bro58
Replied by bro58 on topic ESA and PIP
Hi,
Welcome to Benefits and Work
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This can be done quite easily by following the instructions on this FAQ :
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Congratulations on The PIP awards.
If you have been placed into The WRAG of ESA, then you are not classed as being fit for work.
You are classed as being unfit for work, in that you have Limited Capability for Work, (LCW) but fit to take part in Work Related Activity. (WRA)
WRA can include Work Focused Interviews (WFI) which may involve discussing your works prospects, qualifications, etc :
Work Focused Interviews
WFI can be carried out over the phone if The JCP Adviser agrees,so you should contact them to discuss this if you have problems moving around or going out, as it seems that you have from your Enhanced Mobility PIP award.
You could draw the JCP Adviser's attention to this fact, and even send them a copy of The PIP Decision Notice letter.
WRA can also involve attending courses, etc, and being referred to a Works Programme Provider. (WPP) :
Work Programme
Your ESA payments can be sanctioned if you fail to comply with any of the above, and cannot show good cause :
Changes to ESA Sanctions
You cannot be compelled to actively seek or take up employment though.
They should also take into account your limitations and disability when arranging any WFI/WRA.
If you feel that you should have been placed into The Support Group (SG) of ESA rather than The WRAG, then you have one month from the date of the WRAG Decision Notice letter to request a Mandatory Reconsideration of the WRAG Decision.
You can request The MR over the phone but we recommend that you also make a formal request in writing :
Sending Documents to the DWP or ATOS
If you request an MR/Appeal you will continue to receive the WRAG rate of ESA.
If you are to request an MR to gain access to The SG, you should inform the JCP Adviser, as even though you may still have to take part in WFI, you should not be referred to The Work Programme.
You may wish to request The ESA Medical Report and any associated documentation :
There will be an ESA85 if you had an ESA "Medical" or an ESA85A if you didn't.
There should also be an LT54, and there may be an ESA113 Questionnaire if one was sent to your G.P. :
ESA medical – what forms to ask for?
ESA Forms
The above can be requested by issuing a SAR to The DWP :
SAR Form Download
From this page :
DWP Data Protection Policy
Address any SAR : FAO The DWP Data Controller at the most recent address of the ESA Benefits Office that you have.
You could also request your PIP Assessment report in the same manner, as there may be information included that can aid your ESA MR/Appeal.
Do not miss your one month deadline for The MR if the above have not arrived, you could mention in the MR request that you have requested the reports and are awaiting them.
The MR and SARs should be made separately in separate envelopes.
I don't know whether you used our guides to fill in your ESA50 Questionnaire, if you didn't you may wish to read through them :
ESA Claims Guides
See also :
Qualifying for the Support Group
Mandatory Reconsiderations Explained
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
There are also ESA MR/Appeals Guides on this page :
www.benefitsandwork.co.uk/help-for-claimants/esa1#appeals
As you have been placed into The WRAG of ESA, if you are being paid Contribution Based (CB) ESA only, you should read this :
12 Month Limit for ESA(CB)
You might want to Bookmark/Favourite this page in your browser so that you can return to it for future reference.
Please reply to this topic if you have any further queries.
bro58
Welcome to Benefits and Work
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
Congratulations on The PIP awards.
If you have been placed into The WRAG of ESA, then you are not classed as being fit for work.
You are classed as being unfit for work, in that you have Limited Capability for Work, (LCW) but fit to take part in Work Related Activity. (WRA)
WRA can include Work Focused Interviews (WFI) which may involve discussing your works prospects, qualifications, etc :
Work Focused Interviews
WFI can be carried out over the phone if The JCP Adviser agrees,so you should contact them to discuss this if you have problems moving around or going out, as it seems that you have from your Enhanced Mobility PIP award.
You could draw the JCP Adviser's attention to this fact, and even send them a copy of The PIP Decision Notice letter.
WRA can also involve attending courses, etc, and being referred to a Works Programme Provider. (WPP) :
Work Programme
Your ESA payments can be sanctioned if you fail to comply with any of the above, and cannot show good cause :
Changes to ESA Sanctions
You cannot be compelled to actively seek or take up employment though.
They should also take into account your limitations and disability when arranging any WFI/WRA.
If you feel that you should have been placed into The Support Group (SG) of ESA rather than The WRAG, then you have one month from the date of the WRAG Decision Notice letter to request a Mandatory Reconsideration of the WRAG Decision.
You can request The MR over the phone but we recommend that you also make a formal request in writing :
Sending Documents to the DWP or ATOS
If you request an MR/Appeal you will continue to receive the WRAG rate of ESA.
If you are to request an MR to gain access to The SG, you should inform the JCP Adviser, as even though you may still have to take part in WFI, you should not be referred to The Work Programme.
You may wish to request The ESA Medical Report and any associated documentation :
There will be an ESA85 if you had an ESA "Medical" or an ESA85A if you didn't.
There should also be an LT54, and there may be an ESA113 Questionnaire if one was sent to your G.P. :
ESA medical – what forms to ask for?
ESA Forms
The above can be requested by issuing a SAR to The DWP :
SAR Form Download
From this page :
DWP Data Protection Policy
Address any SAR : FAO The DWP Data Controller at the most recent address of the ESA Benefits Office that you have.
You could also request your PIP Assessment report in the same manner, as there may be information included that can aid your ESA MR/Appeal.
Do not miss your one month deadline for The MR if the above have not arrived, you could mention in the MR request that you have requested the reports and are awaiting them.
The MR and SARs should be made separately in separate envelopes.
I don't know whether you used our guides to fill in your ESA50 Questionnaire, if you didn't you may wish to read through them :
ESA Claims Guides
See also :
Qualifying for the Support Group
Mandatory Reconsiderations Explained
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
There are also ESA MR/Appeals Guides on this page :
www.benefitsandwork.co.uk/help-for-claimants/esa1#appeals
As you have been placed into The WRAG of ESA, if you are being paid Contribution Based (CB) ESA only, you should read this :
12 Month Limit for ESA(CB)
You might want to Bookmark/Favourite this page in your browser so that you can return to it for future reference.
Please reply to this topic if you have any further queries.
bro58
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