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help re WRAG and supersession

  • bro58
9 years 7 months ago - 9 years 7 months ago #124289 by bro58
Replied by bro58 on topic help re WRAG and supersession

pusscatsmum wrote: 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


Hi psm,

You are correct,

An adverse decision that pre-dates 28/10/13 would have a right to request an appeal in the first instance.

There was a choice then, you could initially request a reconsideration, then if the reconsideration was unsuccessful, you could request an appeal as a separate action.

Or, you could request an appeal straight away, in which case a reconsideration would first take place anyway. Doing it this way means that you only have to complete one action rather than two, if the reconsideration is unsuccessful the appeal is automatically sent forward to The Appeals Tribunal.

How to submit an appeal

bro58
Last edit: 9 years 7 months ago by bro58.

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9 years 7 months ago - 9 years 7 months ago #124361 by sally-jane
Replied by sally-jane on topic help re WRAG and supersession
Hiya,

Many thanks for the info received to my queries.

Friend has just sent a letter to ask if there is a need for the 'fit notes' the GP insists on providing friend with to send in as friend is in WRAG.

I can see no reason to obtain or send in such 'fit notes' as person is in WRAG, however I could possibly be wrong and they are neccessary to help the person not attend WFI's etc. ??

Work provider now permitting phone calls instead of person travelling to an apt, however not sure how long this will be permitted ??

Work provider insisting on persons WRAG relates to 2012 and that from November 2014 person to return to the Jobcentre and that visits will have to be conducted to the jobcentre. ??

Work provider refuses to see or receive any paperwork we can provide to show time line on wrag/js/wrag over the last 5 yrs and also refuses to see
or receive medical reports including ATOS reports from f2f explaining persons mental/physical health issues.
As person is of ltd capability to explain problems & gets mega anxious escacerbating mental health issues it all becomes too much for friend and the work provider insists person does things which I know are outside the remit for friend and WRAG criteria.
Person is worried if continues to provide info I provide to give to work provider, sanctions may be imposed as work provider insists many things that he says is right when I know this is not the case.

Friend is too traumatised with the whole experience to stand up for themselves and is being rail roaded and hounded at every turn.

I think this may well be the case for many who have mental health issues etc that prohibit themselves to be understood properly and are to inhibited to heed proper advice as they believe what anything these so called proffessional work providers say to them.

I am at my wits end in trying to help my friend and the friend realising the advice and help I provide is correct and not made up, and that the work provider is not trained or understands the more intricate ramifications and issues behind WRAG.
They are only there to get a client into work and out of WRAG as quickly as possible in order to recieve payment and another tick on their busy schedule
and getting someone of their books so to speak.

Any idea of taking someone along or recordinfg such interviews will not happen with my friend as to terrified to go down this route.

Ideas and any help/assistance would be much appreciated as I know this must be a relevant issue for many others
Last edit: 9 years 7 months ago by Gordon.

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9 years 7 months ago #124365 by Gordon
Replied by Gordon on topic help re WRAG and supersession
PCM

There should be no need to send Fit Notes once a component (WRAG or SG) is in payment, this will likely be later than the Decision to award the component (this is particularly relevant to Tribunal Decisions overturning a Fit for Work Decision where there can be a considerable gap between the two.

As a general rule a Fit Note for someone in the WRAG will not exempt them from participating in Work Related Activity but one may be accepted as Good Cause for not participating in a particular requirement.

Re the phone calls, WP Providers are under pressure to place ESA claimants in work because the provider only gets paid when they are, however, if there is no realistic prospect of this happening then they will park a claimant with only minimal contact, where this falls down is that the Providers seem to have quite high employee turnover and a new advisor is likely to restart the activity from scratch.

WP placements only last for two years after which the claimant is returned to the "care" of their local JC+, they cannot be re-referred to the WP again. The time runs from when they were originally referred, this may or may not correspond with WRAG awards.

All requirements on the claimant by the WP advisor must be made in writing and have to take account of any limitations that result from the claimants conditions. Claimants cannot be asked to work or to seek work nor can they be asked to do a work placement (as with JSA), but can be asked to voluntary work and can be mandated to do voluntary work placement. WP advisors cannot apply sanctions, they can only make a recommendation to a DWP Decision Maker.

Your friend is entitled to have someone with them at any meetings they have with the WP advisor, I can see no reason why the interview cannot be recorded but I doubt that the advisor will appreciate it happening.

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 #124390 by sally-jane
Replied by sally-jane on topic help re WRAG and supersession
Hi,

I now understand where the two yrs with the WP is worked out from, thank you.

(As friend was on JSA when they put friend with work provider, I thought once put in WRAG it would either reset the button or cancel out the WR, however I see where they kept person on it for the 2 yrs).

In November when migrated back to Jobcentre in November, there is still 18months still in the WRAG to go.
What are they likely to do with friend when they get their mits on person in November.?

(However pretty certain with correct paperwork ,letters etc we could get friend in SG, however person is not for further involvement etc as last appeal in 2011 was so horrendous that person unable/unwilling to go thru that again)

thanks for help
Last edit: 9 years 7 months ago by bro58.

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  • bro58
9 years 7 months ago - 9 years 7 months ago #124394 by bro58
Replied by bro58 on topic help re WRAG and supersession

pusscatsmum wrote: Hi,

I now understand where the two yrs with the WP is worked out from, thank you.

(As friend was on JSA when they put friend with work provider, I thought once put in WRAG it would either reset the button or cancel out the WR, however I see where they kept person on it for the 2 yrs).

In November when migrated back to Jobcentre in November, there is still 18months still in the WRAG to go.
What are they likely to do with friend when they get their mits on person in November.?

(However pretty certain with correct paperwork ,letters etc we could get friend in SG, however person is not for further involvement etc as last appeal in 2011 was so horrendous that person unable/unwilling to go thru that again)

thanks for help


Hi pcm,

There is not a lot of information regarding these post WP interviews.

It would probably involve a Q & A session, and maybe the filling in of a form.

e.g. How and why their medical condition stops them from attaining employment ?

What would help to improve their employments prospects ?

Whether they have any child care or other caring responsibilities ?

They may also require information regarding any training, etc that The WPP provided.

Very much like a normal WFI, really.

They may also receive a "Feed Back Survey Form" from the WPP, giving them an opportunity to voice their opinion on The WPP. Probably in the form of tick box options.

bro58
Last edit: 9 years 7 months ago by bro58.

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9 years 7 months ago - 9 years 7 months ago #124397 by sally-jane
Replied by sally-jane on topic help re WRAG and supersession
Thanks.

So this may take one apt with Jobcentre, all these Q & A's.

Will they leave person alone after that meeting ?or will they hound person for weekly inputs/ visits etc etc ? and or would they be likely to do so over the phone rather than getting in a state getting there ?.

Or are we in a scenario of suck it and see as there has been little info from others who have reached this sad state of affairs ?!!!!
Last edit: 9 years 7 months ago by bro58.

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