Moved from support to work related activity group - advice please.

[jackieandwayne]

My friend received two letters on Saturday. He has been in the support group for a while, and was awaiting the outcome of an ATOS assesment. Letter 1 told him he had been moved and has lost the support elemen of his money and Letter 2 tells him that he has a Mandatory Work Interview this Thursday, at the local jobcentre.

 

I am not going to try and deal with an appeal myself, (too much has changed and too much is at stake for people if I cock up as a non-professional). I am going to refer him to a local disability charity that helps with these things. Quite well apparently, for a small fee.

 

Anyway, whilst I get on with doing that could anyone tell me this, if we write immediately stating we wish to appeal this decision, does he still have to attend this appointment on Thursday? I would hand deliver a letter to the person he is supposed to see enclosing proof of his appeal (Mandatory Reconsideration). And also whilst he is being reconsidered/appealing, will they still dock the support element of his money?

 

He is not well enough to attend the JC. He has just registered with a new GP who specialises with his problem , but has yet to see him.

 

I am also a bit concerned that by appealing he might lose his money entirely and be forced onto JSA,in which case that will be the end of him as he cannot function like we do. Any comments on this especially welcome. I am told that this is rare, but can happen.

 

Many thanks for reading.

[antone]

You've got the right idea - he should indeed write immediately requesting Mandatory Reconsideration of the decision. He'll need proof that the DWP has issued a decision on the MR before the Tribunal will accept a formal appeal.

 

1) Does he still have to attend the appointment? Yes, he should attend. Until he has either a favourable MR decision or a successful appeal, he will be in the WRAG and could face a sanction if he does not attend. If it is simply impossible for him to go, he should contact the Jobcentre ASAP and explain the situation. They may be willing to do a home visit or telephone interview if either of those things would help. We have heard occasional stories of decent advisers taking one look at a claimant and saying "You really shouldn't have been referred for this interview at all."

 

Bear in mind that if his benefit is sanctioned because he fails to attend and doesn't work anything out with the JC beforehand he will not be paid his full allowance while any MR/appeal process regarding that matter is underway.

 

2) They will not pay the Support Component while his MR/appeal against the decision to place him in the WRAG is underway. It will be backdated if he is successful.

 

3) Other than to reiterate that it is indeed rare for the full award to be removed following an appeal, I'm not really sure what to say. Technically, the tribunal does have the power to review the entire ESA award, not just the aspect of it which is the subject of the appeal. There are a few people here who deal (or have dealt in the past) with appeals professionally or as informed non-professionals. Do any of you guys have a feeling for how often and under what circumstances such a thing might happen?

[jackieandwayne]

Antone you are a true diamond, thank you very much. I will take him to the interview myself, get the letter sorted out etc., and chivvy him along thorughout the process.

 

People in a state I can deal with, but not so much paperwork and all this hoo hah anymore!