WRAG to Support Group …How ?

Hi

Using your Guides last year we managed to go to the Tribunal and get my step daughter who has ADHD reassessed to 20 points from the original assessment of 9 points for ESA.

I'm looking at the Guide to ESA and I've read it a couple of times and still confused a bit.

So as I read it …there are 2 Medical Assessments that you need to pass to get ESA on a Support Group.

So the Appeal we made was against you failing the First Test …..which you need to get 15 points to pass.

On Appeal she got 20 points ..mainly based on the hospital report that she is unable to behave reasonably in the workplace.

So even though she passed that the DWP are allowed to asses whether you go into a WRAG or Support Group.

They have decided that she should go in a WRAG …and she has joined the Activity in the Main Phase…….she has to attend a further five work focused interviews

However this is totally stressing her out and the Programme Advisor is picking on her to attend session after session.

We feel that she should be in The Support Group …as we feel that she meets the descriptor for Acceptable Workplace behavior

However how do we Appeal to get her into the Support Group from the WRAG ….and what are the risks if she doesn't attend the Work Programme sessions in the WRAG.


So my questions are …….is her Choice now


1. Dispute decision by Mandatory Reconsideration and await outcome- with no benefit or claim jobseeker’s allowance ..what does that mean financially ?


2. Once appeal accepted ESA assessment phase paid while you appeal; or claim jobseeker’s allowance.


I'm not sure what the sanctions are if you don't attend the Work Focused Interviews ( WFI's)

Or what are the risks by going for a Mandatory Reconsideration…..and how do you go about it ?

Can somebody clear up the processes I need to go through ……and the financial risks is she decides not to attend the WFI's ?

Thanks

Hi JL,

" Using your Guides last year we managed to go to the Tribunal and get my step daughter who has ADHD reassessed to 20 points from the original assessment of 9 points for ESA."

I don't know how long ago "last year" the Tribunal made its decision, but you may well be out of time for an appeal to The UTT.

Please see Gordon's comments above, and :

Tribunals – Requesting a Statement of Reasons

Appealing to The Upper Tier, DR UK Factsheet

bro58

Thanks Gordon

A couple of further questions.

Does she have to attend just 5 WFI's or is it an ongoing programme ?

Also what Benefits will be sanctioned if she doesn't attend the WFI's.

It is the WFI's that are stressing her out and affecting her behaviour …she exploded the last time she was in the job centre and was asked to leave…..it is this sort of reaction to authority that makes it difficult for her to work….the pressure of the WFI's make her react unreasonably…..and as such will achieve nothing.

Bro58

The Tribunal was August 2013….so we think she will be out of time

The feeling after the Tribunal was that she had won ……no one explained to her what being placed in a WRAG really meant….and we we more than pleased with getting the 20 points.

She has started the WRAG last year ….and the original advisor didn't push her to attend WFI's……but he has now left CDG and a new advisor has taken over her case ……there has been a clash in personalities …which has resulted in the new advisor putting her on " every programme going"…we feel she is being victimised by that advisor …..and that is causing the issues …..but that is a different issue

We will request the reason for putting her into a WRAG ..by way of SAR …..and see where we go from there.

Thanks

Work Focused Interviews are part of the Work Programme which lasts up to two years. Claimants can also be asked to do voluntary work and training. However they should not be asked to do anything that clashes with their condition, in theory. If you feel that this is happening it will be worth getting a letter from her doctor stating that she cannot undertake a particular activity (not a letter stating she cannot work as this is already accepted). You may also wish to seek advice from an organisation such as a DIAL or a CAB. Sanctions will reduce her ESA for up to four weeks or longer if she does not comply. Sanctions can be appealed against and hardship payments can be applied for (I am assuming she is on income related ESA).