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work programme appointment waiting mr decision
- fliptat
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9 years 1 month ago - 9 years 1 month ago #131939 by fliptat
work programme appointment waiting mr decision was created by fliptat
Hi there, I attended medical assessment in February (21st) regarding my esa claim. The following week I was sent a letter from JC plus to attend an interview for the work group, even though I'd not heard about any decision being made . (That came a week later ) in the meantime I've now been given an appointment with Ingeus on the "work programme". I informed both JC plus & Ingeus that I would appeal the decision of the "farcical" medical, and have sent a letter for mandatory reconsideration, with my reasons,(& that the doctor at the interview,refused to look at my medical records I brought in) They say I still have to attend the interviews in person.(They refused to do it via the phone)
My question is this, if I am able to attend such interviews, and in the meantime the m.r. decision is not changed, and I then appeal, will it go against me at the appeal, if they see I've attended such interviews, (even though my only reason for going was to avoid being sanctioned) ? All this while my money is stopped, awaiting their decision ! Any advice would be appreciated.
My question is this, if I am able to attend such interviews, and in the meantime the m.r. decision is not changed, and I then appeal, will it go against me at the appeal, if they see I've attended such interviews, (even though my only reason for going was to avoid being sanctioned) ? All this while my money is stopped, awaiting their decision ! Any advice would be appreciated.
Last edit: 9 years 1 month ago by . Reason: tick.
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- Gordon
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9 years 1 month ago #131943 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic work programme appointment waiting mr decision
fliptat
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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?
The first thing to make clear is that based on you post there is no reason for your money to be stopped, as you are in the WRAG you will continue to receive this rate while your MR and any appeal are made.
It is normal practice for the DWP not to refer claimants to the Work Programme, however, as you appear to have already been referred it may too late to avoid it.
As you are in the WRAG you are required to attend Work Focussed Interviews and participate in Work Related Activity at the risk of having your payments sanctioned. However, your JC+ advisor and the Igneus advisor must take into account any limitations that result from your limitations when setting activities.
I am afraid it is a bit of a Catch 22 with regard to the activity you will be asked to do while in the WRAG, if you don't do it then you could be sanctioned and if you do then it could have an impact on a future assessment. It should not affect your MR or an appeal, as both are restricted to looking at your condition at the time of the Decision, any change in condition or activity that you perform while in the WRAG are specifically excluded from their considerations.
With regard the MR, have a look at our ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
and it would be worth your looking at our ESA Claim guides to better understand what is required, also on the above link.
One last point, have you requested a copy of the ATOS assessment report? If not then contact the DWP office that deals with your claim and ask for the ESA85 if you had a face to face and your ESA85A if you did not, it's quicker to phone but if you do, follow up the request in writing.
If you have any further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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?
The first thing to make clear is that based on you post there is no reason for your money to be stopped, as you are in the WRAG you will continue to receive this rate while your MR and any appeal are made.
It is normal practice for the DWP not to refer claimants to the Work Programme, however, as you appear to have already been referred it may too late to avoid it.
As you are in the WRAG you are required to attend Work Focussed Interviews and participate in Work Related Activity at the risk of having your payments sanctioned. However, your JC+ advisor and the Igneus advisor must take into account any limitations that result from your limitations when setting activities.
I am afraid it is a bit of a Catch 22 with regard to the activity you will be asked to do while in the WRAG, if you don't do it then you could be sanctioned and if you do then it could have an impact on a future assessment. It should not affect your MR or an appeal, as both are restricted to looking at your condition at the time of the Decision, any change in condition or activity that you perform while in the WRAG are specifically excluded from their considerations.
With regard the MR, have a look at our ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
and it would be worth your looking at our ESA Claim guides to better understand what is required, also on the above link.
One last point, have you requested a copy of the ATOS assessment report? If not then contact the DWP office that deals with your claim and ask for the ESA85 if you had a face to face and your ESA85A if you did not, it's quicker to phone but if you do, follow up the request in writing.
If you have any further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- fliptat
- Topic Author
9 years 1 month ago #131945 by fliptat
Replied by fliptat on topic work programme appointment waiting mr decision
Many thanks Gordon for your response, I must have misread somewhere about monies being stopped whilst awaiting the reconsideration. I have asked in my letter for MR , if I could have a copy of the report, but, failed to quote the form number. Would I need to contact them again, & ask for the form by number ?
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- Marie
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9 years 1 month ago #131951 by Marie
Hello
The doctor who refused to look at your medical record was it at your medical assessment?
Do you know the doctor's name?
Was it ATOS you had your medical assessment with?
Please do attend what ever appointment the DWP send you in meantime the main thing you need to concentrate on is that medical assessment and found out who is the decision maker. Having both of those two names the doctor and the decision maker for your medical assessment would be the most valuable information you need.
Also keep hold of the Ingeus work programmer's name very important.
Gordon is right get a copy of your medical assessment ESA85 or ESA85A, don't do anything until you receive your ESA85 but do attend any appointment DWP send you that is important too never refuse dwp it would be very easy for them to sanction you.
When you get your copy of ESA85 read through but look out for names DWP or ATOS, doctor, decision maker vital if there are names that would help a lot.
I hope this helps.
Wish you all the best.
Replied by Marie on topic work programme appointment waiting mr decision
oscar wrote: Hi there, I attended medical assessment in February (21st) regarding my esa claim. The following week I was sent a letter from JC plus to attend an interview for the work group, even though I'd not heard about any decision being made . (That came a week later ) in the meantime I've now been given an appointment with Ingeus on the "work programme". I informed both JC plus & Ingeus that I would appeal the decision of the "farcical" medical, and have sent a letter for mandatory reconsideration, with my reasons,(& that the doctor at the interview,refused to look at my medical records I brought in) They say I still have to attend the interviews in person.(They refused to do it via the phone)
My question is this, if I am able to attend such interviews, and in the meantime the m.r. decision is not changed, and I then appeal, will it go against me at the appeal, if they see I've attended such interviews, (even though my only reason for going was to avoid being sanctioned) ? All this while my money is stopped, awaiting their decision ! Any advice would be appreciated.
Hello
The doctor who refused to look at your medical record was it at your medical assessment?
Do you know the doctor's name?
Was it ATOS you had your medical assessment with?
Please do attend what ever appointment the DWP send you in meantime the main thing you need to concentrate on is that medical assessment and found out who is the decision maker. Having both of those two names the doctor and the decision maker for your medical assessment would be the most valuable information you need.
Also keep hold of the Ingeus work programmer's name very important.
Gordon is right get a copy of your medical assessment ESA85 or ESA85A, don't do anything until you receive your ESA85 but do attend any appointment DWP send you that is important too never refuse dwp it would be very easy for them to sanction you.
When you get your copy of ESA85 read through but look out for names DWP or ATOS, doctor, decision maker vital if there are names that would help a lot.
I hope this helps.
Wish you all the best.
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- Gordon
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- Posts: 51092
9 years 1 month ago #131967 by Gordon
It's probably worth your while phoning the DWP to get the assessment report, it can take some time for letters to make it through the DWP internal mail system.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic work programme appointment waiting mr decision
oscar wrote: Many thanks Gordon for your response, I must have misread somewhere about monies being stopped whilst awaiting the reconsideration. I have asked in my letter for MR , if I could have a copy of the report, but, failed to quote the form number. Would I need to contact them again, & ask for the form by number ?
It's probably worth your while phoning the DWP to get the assessment report, it can take some time for letters to make it through the DWP internal mail system.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: fliptat
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- fliptat
- Topic Author
9 years 1 month ago #132016 by fliptat
Replied by fliptat on topic work programme appointment waiting mr decision
Hi there, yes it was an atos medical, and the doctor that assessed me did say his name as he turned and walked to the assessment room, he wasn't wearing any form of identification nor was there any on his desk. Neither I or my carer caught his name. I will contact them tomorrow to glean any info. & request the relevant form. It's reassuring that there are people out there such as yourselves willing to help and I appreciate all your advice so far given.
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