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work programme
- bowtop
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9 years 10 months ago - 9 years 10 months ago #122373 by bowtop
work programme was created by bowtop
hi there
advice needed on what to do now,I've started on the work programme and want to appeal it to be put into the support group as I cant manage it due my illness.Part of it is bowel incontinence which should have put me straight in support group.(details are on every esa 50 form).
I've been on indefinite IB and get DLA.i've been moved from IB to contribution based ESA and am now on IR ESA.
.I've filled in 3 esa 50 forms,had 2 medicals(3rd time no medical).I've never had the result of any of these,i don't know how many points I've got at all.
I cant go for mandatory reconsideration as I've gone over the 30 day mark(from a date I still don't know).
What/how's the best way to appeal this and is there a way to be excused from the wp whilst appealing?i've been told by jobcentre I have to continue with wp until I get into support group and they wont accept a doctors sick note or anything to be excused,non attendance equals sanctions.they didn't even tell me how to appeal.
just wondering on what I should do now,re apply a new esa50 or what?
thanks
advice needed on what to do now,I've started on the work programme and want to appeal it to be put into the support group as I cant manage it due my illness.Part of it is bowel incontinence which should have put me straight in support group.(details are on every esa 50 form).
I've been on indefinite IB and get DLA.i've been moved from IB to contribution based ESA and am now on IR ESA.
.I've filled in 3 esa 50 forms,had 2 medicals(3rd time no medical).I've never had the result of any of these,i don't know how many points I've got at all.
I cant go for mandatory reconsideration as I've gone over the 30 day mark(from a date I still don't know).
What/how's the best way to appeal this and is there a way to be excused from the wp whilst appealing?i've been told by jobcentre I have to continue with wp until I get into support group and they wont accept a doctors sick note or anything to be excused,non attendance equals sanctions.they didn't even tell me how to appeal.
just wondering on what I should do now,re apply a new esa50 or what?
thanks
Last edit: 9 years 10 months ago by Gordon.
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- Gordon
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9 years 10 months ago - 9 years 10 months ago #122385 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic work programme
SM
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I an afraid that once you have been forwarded to the Work Programme you remain enrolled unless you are placed in the Support Group. Even appealing your WRAG status will not result in your now being taken off of the WP (see below).
Even though we recommend claimants submit an MR within one month of the date of the Decision it is possible to submit a late request if you can show Good Cause for it being late, not having received the Decision Notice would be Good Cause.
You should be able to find out what points you have scored by requesting the ESA85 report which should have been produced following your last ESA50.
You say that you think you meet the Incontinence Descriptor, this is a complicated Descriptor with many parts, all of which must be met for a claimant to meet the SG criteria.
Any activities you are asked to perform in regard to the WP must take into account any limitations that result from your conditions, for example; if your incontinence is daily then you can ask for access to the WP's toilets, this may be something that they cannot accommodate and may be reason for you not having to attend, however, only they can make such a Decision and as you have already found out, if they don't then your non attendance can result in your being sanctioned.
If you have further questions, then please reply to this post and we will do our best to help you.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I an afraid that once you have been forwarded to the Work Programme you remain enrolled unless you are placed in the Support Group. Even appealing your WRAG status will not result in your now being taken off of the WP (see below).
Even though we recommend claimants submit an MR within one month of the date of the Decision it is possible to submit a late request if you can show Good Cause for it being late, not having received the Decision Notice would be Good Cause.
You should be able to find out what points you have scored by requesting the ESA85 report which should have been produced following your last ESA50.
You say that you think you meet the Incontinence Descriptor, this is a complicated Descriptor with many parts, all of which must be met for a claimant to meet the SG criteria.
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
(a) At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;
or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.
Any activities you are asked to perform in regard to the WP must take into account any limitations that result from your conditions, for example; if your incontinence is daily then you can ask for access to the WP's toilets, this may be something that they cannot accommodate and may be reason for you not having to attend, however, only they can make such a Decision and as you have already found out, if they don't then your non attendance can result in your being sanctioned.
If you have further questions, then please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 10 months ago by Gordon.
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