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change of circumstances DWP

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11 years 10 months ago - 11 years 10 months ago #106583 by baileybum
change of circumstances DWP was created by baileybum
The DWP gave Atos an old GPs details in the information they provided when I submitted my forms back in February. The previous GP is in Worthing and I live in Crawley (DWP were aware of change of address....didn't think they needed to be informed of change of GP?????). When Atos did not hear from the Worthing GP they decided I must be fit for work (??) and I have been awarded ESA in the work related group. I am asking the Decision Maker to look at my claim again on the basis that, despite completing my current GPs details on the Atos forms, they used the information provided by DWP.
Now they are saying I MUST attend a work related interview on 18th July, even though the Decision Maker hasn't made a decision on my appeal. Has anyone had a similar experience? Did you HAVE to attend the interview? Thank you
Last edit: 11 years 10 months ago by slugsta.

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11 years 10 months ago #106592 by slugsta
Replied by slugsta on topic change of circumstances DWP
Hi 'baileybum',

DWP/ATOS are under no obligation to obtain medical evidence from anyone, so this will not be grounds (in itself) for appeal. However, if you provided the correct GP address on your ESA50 but DWP gave the wrong ones to ATOS you can certainly make a complaint to DWP about this

Complaining to the DWP

As you have been put into the WRAG, DWP have accepted that you are currently unfit for work. While in the WRAG you cannot be made to work or seek work. You are obliged to undertake Work Focussed Interviews while awaiting appeal but cannot be mandated to the Work Program

Work Focussed Interviews

Work Programme

Do I have to attend WFIs while I appeal?

It is possible to have the WFIs carried out over the phone or even, rarely, in the claimant's own home - although this is entirely at the discretion of the JobCentre advisor. Some even agree to suspend WFIs while the appeal is in progress, although they do not have to do so.

Getting into the Support Group depends entirely on meeting the, very specific, criteria and it is this upon which you should base any appeal or request for reconsideration

Qualifying for the Support Group

If you have any further questions, please come back and ask them on this topic/thread when we reopen. it really helps us if everything is kept in one place! You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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