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esa reassesment and WFI
- yesuf
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10 years 1 month ago - 10 years 1 month ago #119302 by yesuf
esa reassesment and WFI was created by yesuf
After f2f assessment I have placed ESA WRAG in June 2012. One year later they send me ESA 50 form and I filled it and send it in may 2013. But since then I heard nothing from ATOS or DWP except the the regular letter in January. But last week I received a letter from my local job center in which they arranged me awork focused interview with an adviser.
When I first awarded ESA WRAG in June 2012 I attended one work focued interview and then told me no need for further interview. The adviser gave me a call every six month and thst is all. This time when I was expecting the same call from the adviser ,instead I received a letter for interview.
So does this mean they already decided on my reassesment or is it a normal practice to call someone for WFI after 22 months (with out assessment)?
Thanks for your help
When I first awarded ESA WRAG in June 2012 I attended one work focued interview and then told me no need for further interview. The adviser gave me a call every six month and thst is all. This time when I was expecting the same call from the adviser ,instead I received a letter for interview.
So does this mean they already decided on my reassesment or is it a normal practice to call someone for WFI after 22 months (with out assessment)?
Thanks for your help
Last edit: 10 years 1 month ago by Gordon.
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10 years 1 month ago #119303 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa reassesment and WFI
Yesuf
It could mean that a Decision has been made, it could also be entirely separate.
In regard a Decision, I would start be contacting the DWP, as the ESA computer system will show whether a Decision has been made. We have had a number of members reporting that they have not received a Decision Notice, even though all Decisions, even those that do not change an award, are legally required to made in writing to the claimant.
The DWP rules surrounding claimants being called for a WFI seem to be very complicated and do regularly change, we also see WFI being ordered where there has been a change of advisor.
Gordon
It could mean that a Decision has been made, it could also be entirely separate.
In regard a Decision, I would start be contacting the DWP, as the ESA computer system will show whether a Decision has been made. We have had a number of members reporting that they have not received a Decision Notice, even though all Decisions, even those that do not change an award, are legally required to made in writing to the claimant.
The DWP rules surrounding claimants being called for a WFI seem to be very complicated and do regularly change, we also see WFI being ordered where there has been a change of advisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- yesuf
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10 years 1 month ago #119306 by yesuf
Replied by yesuf on topic esa reassesment and WFI
Thanks Gordon for your prompt reply. I will try to do as you suggested
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- yesuf
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10 years 1 week ago - 10 years 1 week ago #120131 by yesuf
Replied by yesuf on topic esa reassesment and WFI
Dear Gordon
As I explained earlier I sent my form for reassesment almost a year ago. A decision has not been made yet.
I have been called to WFI due to the change of my advisor. The new adviser told me the rules regarding WFI have changed since February. So I need to attend interviews every month (as long as it takes) to discuss what I am capable to do and how eventually return to work. If l fail to attend he is going to stop my benefit.
My question is is he right the rules are charged? Will attending such interviews and do what he told to do affect my future assessment? Can he stop my full benefit if ia am unable to do so?
Thanks for your cooperation
yessuf
As I explained earlier I sent my form for reassesment almost a year ago. A decision has not been made yet.
I have been called to WFI due to the change of my advisor. The new adviser told me the rules regarding WFI have changed since February. So I need to attend interviews every month (as long as it takes) to discuss what I am capable to do and how eventually return to work. If l fail to attend he is going to stop my benefit.
My question is is he right the rules are charged? Will attending such interviews and do what he told to do affect my future assessment? Can he stop my full benefit if ia am unable to do so?
Thanks for your cooperation
yessuf
Last edit: 10 years 1 week ago by Gordon.
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10 years 1 week ago #120136 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa reassesment and WFI
yesuf
The law regarding WFIs and WRA has not changed, but this only defines a broad umbrella under which the DWP can operate, their internal procedures regular change and it is not impossible that this happened in February without us being aware, it is also quite possible that the advisor is fibbing.
Either way it does not matter, as a requirement to attend is mandatory unless you can get it deferred, which seems unlikely, or you can arrange for it to be held over the phone.
They cannot stop your ESA in total, but you can sanctioned for the Personal Allowance which is usually £71.70/week. A sanction remains in place until the original requirement is satisfied with an additional penalty based on how many offences there have been. Any Decision to sanction a claimant can be appealed.
Attending a WFI will have some impact on a future assessment as it will indicate that they do not meet some of the top Mental Health Descriptors for the Support Group.
Gordon
The law regarding WFIs and WRA has not changed, but this only defines a broad umbrella under which the DWP can operate, their internal procedures regular change and it is not impossible that this happened in February without us being aware, it is also quite possible that the advisor is fibbing.
Either way it does not matter, as a requirement to attend is mandatory unless you can get it deferred, which seems unlikely, or you can arrange for it to be held over the phone.
They cannot stop your ESA in total, but you can sanctioned for the Personal Allowance which is usually £71.70/week. A sanction remains in place until the original requirement is satisfied with an additional penalty based on how many offences there have been. Any Decision to sanction a claimant can be appealed.
Attending a WFI will have some impact on a future assessment as it will indicate that they do not meet some of the top Mental Health Descriptors for the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- yesuf
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10 years 1 week ago - 10 years 1 week ago #120142 by yesuf
Replied by yesuf on topic esa reassesment and WFI
Thanks Gordon.
the adviser seem not cooperative person as compared him to my previous one. So it could be due to him (may be not due to change of rule).. I am suffering from severe ankylosing spondylitis which affect my spine neck hips and other joints. Do you think WRA affect my future assessment?
the adviser seem not cooperative person as compared him to my previous one. So it could be due to him (may be not due to change of rule).. I am suffering from severe ankylosing spondylitis which affect my spine neck hips and other joints. Do you think WRA affect my future assessment?
Last edit: 10 years 1 week ago by Gordon.
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