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 		 			 	 						10 years 2 weeks ago				#142034 		by summertrain  	  	 		 			 	    			 			 		 													
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  			 				DPAC have put this on their site.  	SG letter 
 
This is in response to this document received from the DWP under an FOI FOI pdf link
 
What are the moderators comments on this please? I am of the opinion not to stir the hornets nest, and would personally not feel happy sending this in case it got their backs up. I would rather stand my ground and quote Section 12(1) of the Welfare Reform Act 2007 should the occasion arise
  					This is in response to this document received from the DWP under an FOI FOI pdf link
What are the moderators comments on this please? I am of the opinion not to stir the hornets nest, and would personally not feel happy sending this in case it got their backs up. I would rather stand my ground and quote Section 12(1) of the Welfare Reform Act 2007 should the occasion arise
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 			 	 						10 years 2 weeks ago				#142049 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    	 			 		 													
 	 				Replied by Gordon on topic Additional Information			
  			 				summertrain
 
My first thought is that it ignores the fact that the DWP can contact members of the ESA Support Group for a number of reasons, only some of them would fall under the heading of a Work Focussed Interview and there are definitely some that could result in the claimants payments being suspended. See
 
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=102781
 
Secondly and this is a personal opinion, threatening a Government department with legal action doesn't seem to be a winning idea even if it is doable (and it may not be) and it presumes that most claimants would follow through with that action which I think is unlikely.
 
Gordon
  							My first thought is that it ignores the fact that the DWP can contact members of the ESA Support Group for a number of reasons, only some of them would fall under the heading of a Work Focussed Interview and there are definitely some that could result in the claimants payments being suspended. See
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=102781
Secondly and this is a personal opinion, threatening a Government department with legal action doesn't seem to be a winning idea even if it is doable (and it may not be) and it presumes that most claimants would follow through with that action which I think is unlikely.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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 			 	 						10 years 2 weeks ago				#142051 		by summertrain  	  	 		 			 	    			 			 		 													
 	 				Replied by summertrain  on topic Additional Information			
  			 				Thank you Gordon, as I already said I wouldn't want to stir the hornets nest, and I agree that threatening a Government department isn't necessarily a good idea as they may choose to make life (more) difficult.			
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 			 	 						9 years 11 months ago		 -  9 years 11 months ago		#143880 		by summertrain  	  	 		 			 	   	 			 		 													
 	 				Replied by summertrain  on topic Additional Information			
  			 				I rang the DWP today to ask when I would be reassessed next. I was  told that it would be April 2016. As the original prognosis would have been in  April 2014, I obviously caught the two year deferral train in time.
 
I wonder how likely it is that it could be deferred again? I should have retired in 2013, but due to the governments changing the retirement goalposts means that I won't now get my SP until 2018, and I don't see why I should be made to jump through hoops till that date.
  					I wonder how likely it is that it could be deferred again? I should have retired in 2013, but due to the governments changing the retirement goalposts means that I won't now get my SP until 2018, and I don't see why I should be made to jump through hoops till that date.
 		Last edit: 9 years 11 months ago  by slugsta.			
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 			 	 						9 years 11 months ago				#143884 		by slugsta 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by slugsta on topic Additional Information			
  			 				Hi summertrain,
 
Reassessments are certainly being carried out in some areas. I am due to go through the process again in March 2016, so I am expecting the envelope to drop through the letterbox any day now
 
Like you, I caught the increased retirement age. Unlike you, I have to wait until 2024 for mine. From what I have seen, DWP do not take impending retirement into account when sending deciding to reassess.
  							Reassessments are certainly being carried out in some areas. I am due to go through the process again in March 2016, so I am expecting the envelope to drop through the letterbox any day now

Like you, I caught the increased retirement age. Unlike you, I have to wait until 2024 for mine. From what I have seen, DWP do not take impending retirement into account when sending deciding to reassess.
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 			 	 						9 years 11 months ago		 -  9 years 11 months ago		#144288 		by summertrain  	  	 		 			 	   	 			 		 													
 	 				Replied by summertrain  on topic Additional Information			
  			 				I remember seeing posts on this forum in the past suggesting that you could ring ATOS to see whether an ESA50 had been sent and that an assessment was live. Can you do the same with Maximus, and there is a number you can call?			
  					 		Last edit: 9 years 11 months ago  by slugsta.			
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