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6 years 9 months ago #142034 by summertrain
Additional Information was created by summertrain
DPAC have put this on their site. SG letter

This is in response to this document received from the DWP under an FOI FOI pdf link

What are the moderators comments on this please? I am of the opinion not to stir the hornets nest, and would personally not feel happy sending this in case it got their backs up. I would rather stand my ground and quote Section 12(1) of the Welfare Reform Act 2007 should the occasion arise

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6 years 9 months ago #142049 by Gordon
Replied by Gordon on topic Additional Information
summertrain

My first thought is that it ignores the fact that the DWP can contact members of the ESA Support Group for a number of reasons, only some of them would fall under the heading of a Work Focussed Interview and there are definitely some that could result in the claimants payments being suspended. See

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=102781

Secondly and this is a personal opinion, threatening a Government department with legal action doesn't seem to be a winning idea even if it is doable (and it may not be) and it presumes that most claimants would follow through with that action which I think is unlikely.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: summertrain

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6 years 9 months ago #142051 by summertrain
Replied by summertrain on topic Additional Information
Thank you Gordon, as I already said I wouldn't want to stir the hornets nest, and I agree that threatening a Government department isn't necessarily a good idea as they may choose to make life (more) difficult.

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6 years 8 months ago - 6 years 8 months ago #143880 by summertrain
Replied by summertrain on topic Additional Information
I rang the DWP today to ask when I would be reassessed next. I was told that it would be April 2016. As the original prognosis would have been in April 2014, I obviously caught the two year deferral train in time.

I wonder how likely it is that it could be deferred again? I should have retired in 2013, but due to the governments changing the retirement goalposts means that I won't now get my SP until 2018, and I don't see why I should be made to jump through hoops till that date.
Last edit: 6 years 8 months ago by slugsta.

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6 years 8 months ago #143884 by slugsta
Replied by slugsta on topic Additional Information
Hi summertrain,

Reassessments are certainly being carried out in some areas. I am due to go through the process again in March 2016, so I am expecting the envelope to drop through the letterbox any day now :(

Like you, I caught the increased retirement age. Unlike you, I have to wait until 2024 for mine. From what I have seen, DWP do not take impending retirement into account when sending deciding to reassess.

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6 years 8 months ago - 6 years 8 months ago #144288 by summertrain
Replied by summertrain on topic Additional Information
I remember seeing posts on this forum in the past suggesting that you could ring ATOS to see whether an ESA50 had been sent and that an assessment was live. Can you do the same with Maximus, and there is a number you can call?
Last edit: 6 years 8 months ago by slugsta.

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