Unexpected Letter

timdmgd

Hi all, a couple of weeks back I won my ESA appeal and was put in the WRAG (descriptors 11c, 14c & 16c). The decision notice says that no schedule 3 descriptor applied and regulation 35 was not engaged. What does this mean?

It also says that the tribunal recommends that the department does not reassess the appellant within 24 months (of 28th March 2014).

Anyway, today I got a letter from the jobcenter saying that I had to attend a work-focused interview for ESA.

I don't get it, could they have sent this letter in error?

It seems crazy to me as I already do supported permitted work.
I thought that life would get a bit easier after winning the appeal but that's not happening.

DomRavioli

timdmgd wrote: »

Hi all, a couple of weeks back I won my ESA appeal and was put in the WRAG (descriptors 11c, 14c & 16c). The decision notice says that no schedule 3 descriptor applied and regulation 35 was not engaged. What does this mean? The two regulations state that a claimant should not be found fit for work (regulation 29), or placed in the work-related activity group (regulation 35), if such a decision would pose “a substantial risk” to their “mental or physical health”.

It also says that the tribunal recommends that the department does not reassess the appellant within 24 months (of 28th March 2014).

Anyway, today I got a letter from the jobcenter saying that I had to attend a work-focused interview for ESA.

I don't get it, could they have sent this letter in error?You are in the WRAG, therefore you will be expected to attend work focused interviews - it is part of the WRAG.

It seems crazy to me as I already do supported permitted work.
I thought that life would get a bit easier after winning the appeal but that's not happening. The WRAG means you could be fit for work in the future, and the work focused interviews helps to get you back into meaningful employment where you will not depend on benefits for the majority of your wages.

Hi OP, please see above; regulation 35 is a specialist regulation - google will tell you more if you need more in-depth.

If you're in the WRAG, then you have to attend work focused interviews, it is part of the conditions of being in the WRAG as you may be fit for work in the future, and you don't satisfy the descriptors to state you have no capability for work; regardless if you already do permitted work, this is on a part time basis (PW is only up to 16 hours per week) so you have no excuse not to attend.

If you're still confused, call the telephone number on the letter.

Anchoress

Ref post #2

"The two regulations state that a claimant should not be found fit for work (regulation 29), or placed in the work-related activity group (regulation 35), if such a decision would pose “a substantial risk” to their “mental or physical health”."

I don't want to come across as a pedant but that's twice in one day I've come across the wrong reg numbers being quoted. Regulation 35 is for the Support group and regulation 29 for the Wrag group - unless it's me and I've got it wrong, though I was awarded the Support group on reg 35.

Anyhow just thought I'd mention it for the sake of accuracy and so the OP gets the correct information.

DomRavioli

Anchoress wrote: »

Ref post #2

"The two regulations state that a claimant should not be found fit for work (regulation 29), or placed in the work-related activity group (regulation 35), if such a decision would pose “a substantial risk” to their “mental or physical health”."

I don't want to come across as a pedant but that's twice in one day I've come across the wrong reg numbers being quoted. Regulation 35 is for the Support group and regulation 29 for the Wrag group - unless it's me and I've got it wrong, though I was awarded the Support group on reg 35.

Anyhow just thought I'd mention it for the sake of accuracy and so the OP gets the correct information.

Oh dear, another bloody pedant. I went off google, as the OP has lost the ability to do so; surely you could have read that if they wanted further info they could google and get the relevant info. There are 7 websites in the top 10 which all say that it is that way around, so whichever is wrong, I don't care, but I will always go off 7 websites than a random on a forum.

timdmgd

timdmgd wrote: »

It also says that the tribunal recommends that the department does not reassess the appellant within 24 months (of 28th March 2014

I was hoping that this would mean that I was exempt from this kind of thing for the time being.

whodathunkit

timdmgd wrote: »

I was hoping that this would mean that I was exempt from this kind of thing for the time being.

Being in the WRAG doesn't mean that you're being reassessed, it means that you'll be supported into paid employment when you're able.

osdset

whodathunkit wrote: »

Being in the WRAG doesn't mean that you're being reassessed, it means that you'll be supported into paid employment when you're able.

Unless a claimant is referred to the Work Programme, in which case they will be [STRIKE]supported[/STRIKE] harassed into pointless activity for 104 weeks.

osdset

timdmgd wrote: »

Hi all, a couple of weeks back I won my ESA appeal and was put in the WRAG (descriptors 11c, 14c & 16c). The decision notice says that no schedule 3 descriptor applied and regulation 35 was not engaged. What does this mean?

It also says that the tribunal recommends that the department does not reassess the appellant within 24 months (of 28th March 2014).

Anyway, today I got a letter from the jobcenter saying that I had to attend a work-focused interview for ESA.

I don't get it, could they have sent this letter in error?

It seems crazy to me as I already do supported permitted work.
I thought that life would get a bit easier after winning the appeal but that's not happening.

It's in your best interests to find out from the DWP if they have accepted the 24 month recommendation, because if they haven't you may well be referred to the Work Programme.
I was given a 24 month award and was referred to the WP on my first WFI, JCP neglected to mention this was an introductory appointment and that I had the choice of engaging with the programme or not.
I chose not to participate and have been harassed by the provider ever since.
I sincerely hope you don't have to endure this.

Anchoress

DomRavioli wrote: »

Oh dear, another bloody pedant. I went off google, as the OP has lost the ability to do so; surely you could have read that if they wanted further info they could google and get the relevant info. There are 7 websites in the top 10 which all say that it is that way around, so whichever is wrong, I don't care, but I will always go off 7 websites than a random on a forum.

I was just concerned that having read two different posters giving info that may be incorrect that there might be a common misunderstanding on these boards about these two regs.

I stand to be corrected myself, if I have got them the wrong way round so there is no need to get upset about it.

timdmgd

I just called the DWP and the guy I spoke to said that they do accept the 24 month recommendation. Can I relax a little?

Indie_Kid

Yes. But remember its only a recommendation. You can be reassessed before then.