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Forced to look for work despite having med cert

  • bro58
12 years 5 months ago #95684 by bro58
Stu77 wrote:

Thanks for those responses guys. I read all the links you provided.

It was the lady in the WRAG interview that told me I had to apply for a minimum of 5 jobs per week or lose my benefit. Yet what you've shown me is that they can't force me to apply for work. Is this a case of I have to look for work but don't have to apply or what?

I also refused to sign the document pertaining to sharing information between DWP and employers I believe. I asked what else they can share, and becuase she couldn't tell me exactly what as she 'wasn't sure' I told her on that basis I couldn't sign.

I'm confused.


Hi s77,

Have you read this associated thread ? :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=95614#95614

bro58

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12 years 5 months ago #95691 by Gordon
Stu77 wrote:

It was the lady in the WRAG interview that told me I had to apply for a minimum of 5 jobs per week or lose my benefit. Yet what you've shown me is that they can't force me to apply for work. Is this a case of I have to look for work but don't have to apply or what?

The ESA (Work-Related Activity) Regulations 2011 are explicit regarding this.

(4) A requirement imposed under paragraph (1)—
(a) must be reasonable in the view of the Secretary of State, having regard to the person’s circumstances; and .
(b) may not require the person to— .
(i) apply for a job or undertake work, whether as an employee or otherwise; or .
(ii) undergo medical treatment.

Your advisor is exceeding their authority by requiring you to seek work.

Gordon

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  • bro58
12 years 5 months ago - 12 years 5 months ago #95696 by bro58
Hi S77,

Here is a link to the actual ESA Regulation, that Gordon has quoted :

www.legislation.gov.uk/ukdsi/2011/9780111507476/regulation/3

It's ESA Regulation 3. (4) (b) (i)

You may wish to print this off and show it to the JCP Adviser, you could also copy the adviser in on the link above.

bro58
Last edit: 12 years 5 months ago by bro58.

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12 years 5 months ago - 12 years 5 months ago #95709 by Stu77
Received a letter today saying as was again being placed in the WRAG. While this is good news that at least they haven't tried to stop my benefit, however I'm still in the very difficult position where I feel I still meet the support group descriptor that it would badly adverse my mental health if forced to attend WFI's etc. It already has started to in that I have barely had a single day/night since being called into the JC+ where I haven't been having constant panic attacks.

I now need to start an appeal process to try and get placed in the SG. My GP has said that he will support me, but I'm afraid of them completely reconsidering and stopping my benefit. Does anyone happen to know how likely, or how often this happens?

I don't currently see a mental health professional to support me as I have been suffering from my depression and anxiety for many years and have seen many people etc. I stopped because they were unhelpful. - I was only given 30 mins a fortnight with them, and the person would change frequently. I stopped seeing someone privately about 18 months ago because of cost and that he moved and was no longer local.

How much of an effect does not having such a person have on my situation?

Will read the thread now, just saw your response while typing this.

Thanks, Stu.
Last edit: 12 years 5 months ago by Gordon.

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12 years 5 months ago #95712 by Gordon
Stu

I am afraid there are no statistics, that I am aware of, that show the number of claimants who's award is actually removed when appealing to be placed in the Support Group from the WRAG.

The risk is real, we had an example last week, but it is not something that we see every week, or even every month.

If you did not have a face to face assessment when you were put into the WRAG, then I would say the risk was minimal, as you cannot be found Fit for Work without attending one, it is possible for an assessment to be triggered by an appeal, but this would be very rare.

As a general thought, scoring only 15 points puts you at more risk than scoring more points, and qualifying under a single descriptor probably is more risky than scoring points for multiple ones.

Ultimately, I am afraid the decision has to lie with you.

You might want to have a look at the following FAQs before making a decision in either direction.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

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12 years 5 months ago - 12 years 5 months ago #95713 by Stu77
Thanks bro58,

Just to clarify, the lady at the WRAG interview wasn't at the JC+ it was at the Reed in partnership place the JC+ referred me to, although not actually Reed she said. Perhaps one of it's 'partners'.

Stu.
Last edit: 12 years 5 months ago by bro58.

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