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change of circumstances, now esa50

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10 years 2 months ago #131056 by Chlorinated
Replied by Chlorinated on topic change of circumstances, now esa50
I am about to submit my change of circumstances form. I had a work program interview today and they told me as I had been with the work program for almost 3 years, in about 3 months time I will have to start signing on at the job centre.

I am worried that the esa will not respond to me or make a decision on my coc within three months. I suspect they will call me up for a face to face as well. Is there a time limit within which they will make a decision on a change of circumstances?

As I'm waiting on a decision for the coc, is there anything that can be done to prevent the jobcentre from making me sign in?

btw, my evidences and coc are for 2 years AFTER the work group decision was made. I have a letter from my doctor saying I should not be in the wrag so I can present this to the job centre if need be.

Is it likely I will find myself signing on waiting for the decision, can anything be done about this to save me from going to the job centre?

Thanks

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10 years 2 months ago #131083 by Gordon
Replied by Gordon on topic change of circumstances, now esa50
Amonia

Whilst it is possible that you will be required to attend regular Work Focussed Interviews or to participate in Work Related Activity, it is quite likely that this will not be the case. Having spent two years on the Work Programme without you being well enough to re-enter the work place, it is unlikely that the JC+ can do anything more to help you.

I am afraid there is no required timescale for a CofC to be processed in and given the current on-going delays it could be some time before it is processed.

While you remain in the WRAG you remain subject to WFIs and WRA as the JC+ see fit, although they must make reasonable adjustments to take account of your conditions. However as you appear to have been able to attend meetings with your Work Programme advisor, I think you will find it difficult to avoid doing so with your JC+ one.

You can certainly present you GP letter to your JC+ advisor but I would not expect it have any real affect. You remain in the WRAG until a Decision moves you to the SG.

Gordon

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10 years 1 month ago #132758 by Chlorinated
Replied by Chlorinated on topic change of circumstances, now esa50
Hi

As mentioned both of my COC letter and ESA50 have been occurring in parallel. As there was a deadline on the ESA50 I sent that first and have just received news that I have been moved to the Support Group this week for 15 months :cheer: What a relief!

However in light of this new decision, I am wondering if it has any implications on my still to be submitted coc backdate letter?

I recall the ESA50 allows you to explain why you sent a form in late however it does not allow you to request a backdate to benefit prior to the deadline of the form? My change of health and evidences was from 2 years ago, I submitted this evidences with the esa50, but they didn't backdate it however I suppose this is not the point of the esa50 and so any such backdate must be done using a coc letter? Now that I have the new support group decision:

1. What is the best way to approach the coc letter? I had written it and basically pasted all answers from my es50 to it, however instead of copying answers/evidences would it be better to explain why I want the backdate and make reference to/say please see my recently completed esa50 form for health problems and evidence during the backdate period?
2. When they see the coc letter requesting backdate for the backdate period(e.g. roughly two years prior to when this new decision was made), will they only make a decision on this backdate period only, or is it possible they will overturn the recently made support group decision(even though I obviously don't want them to change it)? Is this unlikely to change or be looked at again or is it just the backdate period that will be judged?

Thanks

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10 years 1 month ago #132764 by Gordon
Replied by Gordon on topic change of circumstances, now esa50
Amonia

Now that a Decision on your claim has been made I think there is little opportunity for it to now be backdated, my original comment that the DWP cannot take account of a Change of Circumstances that they have not previously been made aware of.

The Decision date can only be changed through revision, it may be possible to limit this to the just the effective date of the Decision , but it is a possibility that the whole Decision will be looked at, it is very unlikely that this would result in your SG status being questioned, but there is still a risk you need to consider.

Any letter you send need to concentrate on your showing that you met the SG criteria two years ago and also needs to explain why you did not report the change then. You will undoubtedly need medical evidence, dated from two years ago to support the letter.

Gordon

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10 years 1 month ago #132774 by Chlorinated
Replied by Chlorinated on topic change of circumstances, now esa50
Regarding the decision that has been made, I do not know which descriptors they thought I satisfied in order to be get placed in the support group. Is there a way to find out so that I know how to target my coc letter\any new evidences to satisfy those descriptors? There's no point compiling evidence for\discussing certain descriptors if I wasn't awarded with them to begin with. Thanks.

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10 years 1 month ago #132804 by Gordon
Replied by Gordon on topic change of circumstances, now esa50

Amonia wrote: Regarding the decision that has been made, I do not know which descriptors they thought I satisfied in order to be get placed in the support group. Is there a way to find out so that I know how to target my coc letter\any new evidences to satisfy those descriptors? There's no point compiling evidence for\discussing certain descriptors if I wasn't awarded with them to begin with. Thanks.


Even though you did not have a face to face there will still have been an assessment (based on your ESA50 and evidence) and a report produced, you need to ask the DWP for a copy of the ESA85A, you can make the request over the phone but should follow it up in writing.

Gordon

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