ESA letter with appointment to see work coach

Kris35

Hi all,

I've been on ESA for a couple of years. For the first year I was in the Support Group. Then last year I was put on the WRAG. I never had any letters asking me to go to the job center to see about getting back into work.

Fast forward to now - a few weeks ago I had a medical assessment and now have a letter asking me to go to see a work coach next week. The letter is titled: Helping you prepare for work in the future.

Trouble is, I don't know if they have stopped my ESA.

If they haven't (I'm ringing them tomorrow) then why now ask me to go to a work interview but they didn't ask me to go for one last year?

The letter says I can ask for mandatory reconsideration, so by this I'm assuming they have taken my ESA away? But there is nothing in the letter telling me they are putting me on JSA.

Can anyone throw a light on this? Thanks.

poppy12345

Kris35 wrote: »

Hi all,

I've been on ESA for a couple of years. For the first year I was in the Support Group. Then last year I was put on the WRAG. I never had any letters asking me to go to the job center to see about getting back into work.

Fast forward to now - a few weeks ago I had a medical assessment and now have a letter asking me to go to see a work coach next week. The letter is titled: Helping you prepare for work in the future.

Trouble is, I don't know if they have stopped my ESA.

If they haven't (I'm ringing them tomorrow) then why now ask me to go to a work interview but they didn't ask me to go for one last year?

The letter says I can ask for mandatory reconsideration, so by this I'm assuming they have taken my ESA away? But there is nothing in the letter telling me they are putting me on JSA.

Can anyone throw a light on this? Thanks.

Having a letter to see your work coach doesn't mean they've stopped your ESA, neither does telling you, you can ask for a MR. You're entitled to ask for the MR whatever the decision was.


If you don't agree with the decision and think you should be in the Support Group then you have 1 month to ask for the MR. You'll need to put the request in writing stating why you think you should be in the Support Group.



You do need to attend that appointment, otherwise you could be sanctioned.


See Support Group descriptors here.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


Reg 35 here.
https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

Alice_Holt

Kris35 wrote: »

The letter is titled: Helping you prepare for work in the future.

Trouble is, I don't know if they have stopped my ESA..

That, to me, sounds like you remain in the ESA WRAG group, and you have been asked to go to a WFI.

"If you’ve been put into the work-related activity group, you’ll be asked to go to a work-focused interview. This will be with a personal adviser at the Jobcentre.
At the interview, your personal adviser will try to get a better understanding of your situation and your abilities and your limitations. They’ll look at what you can already do, what you might be able to do in future and what help you would need to be able to go to work.

To do this, they’ll want to talk to you about:
- your work history and qualifications
- the steps you could take that might help you to eventually be able to work
- any practical support that will be available to you"

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/about-the-esa-groups/

Kris35

Thanks guys. I've re-read the letter again and it does seem to me that I keep getting my ESA. But what I don't get is I was moved from the Support Group a year ago and moved to the WRAG but wasn't asked to go for an interview. So I can't ask for a mandatory reconsideration because I'm still in the WRAG and I didn't ask for one a year ago when they moved me and it's too late now. It's just taken them a year to tell me to go for interviews.

This must be normal procedure and often when they put you in the WRAG they don't necessarily ask you to go to a WFI - not straight away anyway.

Does this sound right do you know?

Thanks very much.

Alice_Holt

"I was moved from the Support Group a year ago and moved to the WRAG but wasn't asked to go for an interview."
That doesn't sound right. The DWP should have assessed you, not randomly moved you.

"So I can't ask for a mandatory reconsideration because I'm still in the WRAG"
But you can ask for an MR for their latest decision (following assessment) that you remain in the WRAG rather than put into the SG.
Poppy has linked to the SG descriptors.
Be careful though, as the DWP will review the decision again (including whether you are fit for work).

Kris35

So, I get it now thankyou very much. Yes, the descriptors - one of them I'm sure gets me into SG, I'm going to take another look. I wonder if I ask for an MC I'll still have to go for the work thingy interview? They have hit me with an appointment next Monday. Monday!! I'll go but I';ll be drugged to the hilt so would rather not as I'm going to look a slurring fool.

Rah!!

Thanks again!

poppy12345

Kris35 wrote: »

So, I get it now thankyou very much. Yes, the descriptors - one of them I'm sure gets me into SG, I'm going to take another look. I wonder if I ask for an MC I'll still have to go for the work thingy interview? They have hit me with an appointment next Monday. Monday!! I'll go but I';ll be drugged to the hilt so would rather not as I'm going to look a slurring fool.

Rah!!

Thanks again!

Yes, unfortunately you'll still have to attend the work interview even if you ask for the MR.



Did you send evidence to support your claim with the form you sent before your assessment? Evidence will be needed as they very rarely contact anyone. Did you make sure you looked at the Support Group descriptors because they are different to the WRAG ones.



I'd advise putting the MR request in writing, rather than ring them. There's no timescales to the decision. Most MR decisions remain the same, so you may end up taking it to Tribunal. Appearing in person will give you the best chance of a decision in your favour.

Kris35

No I didn't send any forms/evidence - I just assumed they would contact my doctors for the information. I think I filled in the descriptors for SG but can't remember for the life of me. However, I answered honestly so will remember what I wrote by looking at the form again online. Is it the ESA50 form or something that I filled in before being called for a medical assessment. If I can see that form online I will remember what I wrote.

Already got the name of solicitor who specializes in this area and apparently they are really good.

Blah!

Thanks again. Very helkpful and I will definitely update here so people can find info that might help them after I've started the process.

poppy12345

This is the form.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/631921/esa-50-capability-for-work-questionnaire.pdf


The onus is always on you to make sure you send in the evidence to support your claim, for every review.


A solicitor? I'm sure they will charge you for their service. There are people out there that will help you for free. Your local CAB or the likes. Have a google search to see what's in your area.

TELLIT01

The OP hasn't said that they weren't reassessed before being moved to the WRAG. The OP does say that they didn't request a MR a year ago when they were moved so I suspect they did know of the reassessment.
Assuming the move to WRAG was done correctly, it's entirely possible that they were never asked to attend the JobCentre for a WCA. The system is controlled by people, and people make mistakes - maybe no letter was sent. Now they have been called in they do need to attend.
I have no idea why the OP is looking to involve a solicitor as there is nothing in anything above to suggest any wrongdoing by DWP (except not sending out a letter).

Alice_Holt

TELLIT01 wrote: »

I have no idea why the OP is looking to involve a solicitor as there is nothing in anything above to suggest any wrongdoing by DWP (except not sending out a letter).

To help with the appeal, was my impression.

OP - I would suggest you get help from your local advice agency / CAB not a solicitor with an appeal (if you decide to go ahead after looking at the SG descriptors & Reg 35).
You will not get legal aid for social security appeals.
A benefits caseworker (if your local CAB has one) is likely will be much more versed in ESA appeals than a solicitor.

https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

More on Reg 35
http://www.cpag.org.uk/content/making-exception