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Re-Claiming after trying to go back to work

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8 years 9 months ago #138766 by greeneyedlad
Re-Claiming after trying to go back to work was created by greeneyedlad
Hello

Im sorry if this has been asked before, but I did do a search on HCP & couldnt see a similar question.

Im going with my friend on Friday 7/8/15 for her ESA WCA, & I was wondering about the rights of the claimant regarding the qualifications of the HCP.

Im sure I read something over the past year saying that if the main issue was a mental health issue then the HCP MUST be Mental Health Trained.

Iv just rejoined B&W today, so iv been a bit out the loop.
I know a lot of the rules have changed recently especially with Maximus taking over form Atos.

I know in the past Atos used Physiotherapists for instance.I mean how on earth could they assess someone with mental health problems?!

We have also sent off the templet letter requesting the assessment be recorded.
I assume we still have the right to insist on this?

Just want to make sure we know all our rights before we go so any info would be greatly appreciated.

Thank you so much

Martin

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8 years 9 months ago #138769 by Gordon
Replied by Gordon on topic Re-Claiming after trying to go back to work
greeneyedlad

All assessors are trained in Disability Assessment to a standard set by the DWP, you have no specific right to be assessed by an HCP with a background in mental health issues and you cannot assume that one not trained in these is unable to provide an accurate report of your limitations.

It may prove different on the day in which case you will need to show that the assessor failed to take proper account of your conditions and their effects in their report, but I am afraid you cannot pre-empt this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 month ago #154798 by greeneyedlad
Replied by greeneyedlad on topic Re-Claiming after trying to go back to work
Hello

I am in the ESA Support group & have been for a number of years.
I was wondering if I was re-assessed & down graded so to speak in the WRAG group if the £30 cut would apply to me?

I read on mind.org.uk
"If you are already on ESA (in the Support Group or the WRAG) by April 2017 and are reassessed and placed in the WRAG after April 2017, you will continue to receive the higher rate of benefit."

This is confusing & I dont understand what it means.

Does this mean if I am re-assessed now, before April 2017 then I WILL loose the £30 per week.
But if its after 2017 then I wont?

Thank you for any clarification on this
Martin :)

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  • bro58
8 years 1 month ago - 8 years 1 month ago #154801 by bro58

greeneyedlad wrote: Hello

I am in the ESA Support group & have been for a number of years.
I was wondering if I was re-assessed & down graded so to speak in the WRAG group if the £30 cut would apply to me?

I read on mind.org.uk
"If you are already on ESA (in the Support Group or the WRAG) by April 2017 and are reassessed and placed in the WRAG after April 2017, you will continue to receive the higher rate of benefit."

This is confusing & I dont understand what it means.

Does this mean if I am re-assessed now, before April 2017 then I WILL loose the £30 per week.
But if its after 2017 then I wont?

Thank you for any clarification on this
Martin :)


Hi GEL,

See This Recent News Article

As far as we are currently aware, even if you were downgraded to WRAG, before or after April 2017, as you would still be an "existing current ESA claimant/recipient" it should not affect you !!

bro58
Last edit: 8 years 1 month ago by bro58.

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8 years 1 month ago #154805 by greeneyedlad
Replied by greeneyedlad on topic Re-Claiming after trying to go back to work
cheers Bro58
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8 years 1 month ago - 8 years 1 month ago #154808 by greeneyedlad
Replied by greeneyedlad on topic Re-Claiming after trying to go back to work
Hello

Can anyone please tell me if I gave up my ESA & tried to go back to work, but then fell ill again, how many weeks I have to re-claim without starting a fresh claim?

I seem to remember being told this when it happened to me years ago when I tried to go back to work that as long as it was within 6 weeks? (I cant remember how many or if this even still applies) my previous claim is still on the system & I dont have to go through it all again.

Im also wondering if I went back to work, & fell ill again with the 6 week? period would I loose the £30 per week in WRAG.

Or is it treated as a new claim if within that period?

many thanks
Martin
Last edit: 8 years 1 month ago by bro58.

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