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help re WRAG and supersession

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9 years 7 months ago - 9 years 7 months ago #124190 by sally-jane
help re WRAG and supersession was created by sally-jane
Hi,

I am helping a friend & I am a bit confused.

Here goes.

I got the friend to ask for an SAR, two weeks ago,lo & behold it arrived the other day.

Person placed in WRAG from Feb 2013 til June 2016. (3 yrs)

Person did get a letter in Feb 2013 stating in WRAG, but person did not understand it & did not ask for a MR. Just happy had some money
( 2010 Was in WRAG, Apealed, Failed placed in JS, New claim 2013 to WRAG)

Persons' mental health deteriorated & finds everything impossible.

Person sees a Prospect Worker which is allocated to find this person work!!!

Prospect worker now believes person unable to cope & has decided phone calls a suitable way forward instead of the gruelling meetings which I cannot find out if she has actually been to one for some time.

He has also contacted her Mental Health Nurse CPN, & between them have suggested a reconsideration to be asked for, however they have got the Appeal papers dated April 2013 downloaded from a DWP site & have asked this person to complete the last 5 pages.

I think the person is out of time to complete a MR, & I do not think an appeal can be asked for yet.

My ltd understanding is that a Supersession should be the next step or perhaps asking to complete another ESA 50 & getting it filled out properly.

Please what should this person do, a mess is what is really in place at present with the persons GP providing Fit notes to be sent to Jobcentre, despite me saying these are not neccessary & various bods suggesting things which are not co hesive with the way DWP/ESA works.

Help please
Last edit: 9 years 7 months ago by . Reason: Tick.

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9 years 7 months ago #124197 by sally-jane
Replied by sally-jane on topic help re WRAG and supersession
Help please
xx

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9 years 7 months ago #124203 by Gordon
Replied by Gordon on topic help re WRAG and supersession
PCM

The absolute maximum period for an MR or appeal to be made is 13 months so if the Decision was made in February 2013 then they are out of time to challenge it.

They can request a re-assessment due to a deteriorated condition (supersession), this will likely involve a new ESA50 and a face to face assessment, they will need to provide medical evidence of the deterioration, this can be a problems for claimants with Mental Health issues unless they are regularly seeing someone, even their GP, for treatment.

The request should be made in writing to the DWP office that normally deals with their ESA claim.

I am afraid, with the current delays in the ESA assessment process it could easily take a year for a new Decision to be made and your friend will remain in the WRAG and subject to WFIs and Work Related Activity until a new Decision is made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 7 months ago #124207 by sally-jane
Replied by sally-jane on topic help re WRAG and supersession
Hiya,

Many thanks.

Persons paperwork is sketchy & very confusing from DWP!!!

It seems that the Feb 2013 letter refers to Jobseekers, & the next letter from DWP Jobcentre is Feb 2014, where it states pls contact them within the month re a MR if required.

I think this is the proper letter from them referring to the f2f she had in June 2013, however it says in the SAR that her WRAG runs from Feb 2013 til June 2016. !!!

So I think if we use the letter from Feb 2014 we are then within the 13 mnths & could try for a MR.

What do you think pls ?

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9 years 7 months ago #124213 by Gordon
Replied by Gordon on topic help re WRAG and supersession
PCM

If there was a F2F in June 2013 then I would be very surprised if a Decision was made 8 months later in February 2014, it would be far more likely that this was the annual benefit uprating letter that is issued prior to April each year.

However, if there was a F2F then it would suggest that a new Decision was made and that you are still within the 13 months. Your problem is that you need the date of that Decision in order to proceed. If the Decision was before 28 October 2013 which is quite possible then your friend can appeal the Decision on a GL24, there is no need to request an MR, however, a GL24 requires the date of the Decision in order for it to be properly completed.

They need to contact the DWP again, the computer system should show the date of the last Decision, what I suspect they were told last time was when they were first placed in the WRAG and the date of their next re-assessment, we have not heard of a three year WRAG award, the maximum is two years.

A GL24 can be downloaded

www.gov.uk/government/uploads/system/upl...file/275347/gl24.pdf

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 7 months ago - 9 years 7 months ago #124286 by sally-jane
Replied by sally-jane on topic help re WRAG and supersession
Hi,

Hunted thru paperwork and discovered a letter dated 17th June 2013 saying 'we have looked at your claim again and bla bla bla. '

Now we can assume this is the date of friends last 'Descision date.'

However on friends SAR return which is a copy of her med only, it has a handwritten note on the front page stating re assess in June 2016.

So we can assume a 3yr prognosos in WRAG, or a manual mistake and it should read 2015 June WRAG/ 2 yrs, as we are not aware of any 3 yr prognosis in WRAG.

Friends 'work provider' wishes friend to complete GL24, the last 5 pages and ask for a Reconsideration.

I understand from what we said b4, that if dated pre Oct 2013, then an appeal is asked for and not a MR.

Is this right.

All very confusing

Thanks
Last edit: 9 years 7 months ago by .

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