ESA Work Programme with Prospects. Complete nightmare! Help...

[MrMinaj13]

I see. Well, Mazoo has mentioned two options. The first is called "supercession". If you ask for this, you would be stating that, while the decision to place you in the WRAG was correct at the time it was made, your circumstances have changed since then. You are therefore asking them to make a new decision to replace ("supersede") the old one, taking your new circumstances into account. This is probably not the appropriate option if your circumstances have not changed.

 

The other option is a "mandatory reconsideration", with a possible view to an appeal to the independent tribunal if the reconsideration is not successful. When you ask for a recon/appeal, you are stating that the original decision to place you in the WRAG was wrong at the time it was made, and that it should be set aside and replaced with a different decision that better reflects your situation. Because you are arguing that the decision was wrong in the first place, it doesn't matter that your circumstances have not changed.

 

Now, normally there is a time limit of 30 days from the date of the original decision for the submission of a request for reconsideration/appeal. However, this can be extended to a maximum of 13 months if you can show that you had good reason for not making the request sooner. In an earlier post you said this:

 

 

 

That might possibly be grounds to submit a late request for reconsideration/appeal, especially if it was a member of DWP staff who told you this. DWP staff should not advise you not to appeal - it is entirely your decision and any information they give you should be impartial and limited only to informing you of the procedures for appealing should you wish to do so. Being given incorrect advice by DWP staff can sometimes be accepted as a valid reason for a late appeal/reconsideration request.

 

Thankyou, how do I go about doing this ?

[MrMinaj13]

well i called 0345 608 8545 and the lady on the phone said i had to be put through to the 'job centre' (apparently) but it was an automated service, which then asked me to call 0345 608 8545 again!! :mad2::mad2:

[kahlo]

You would only be able to appeal if you met one of the criteria for the support group and not because you don't like the WRAG, Have you made sure you meet at least one of the criteria?

 

or if you can get evidence to support regulation 35 , substantial risk of harm to patients if they were to be found ‘fit for work’ or to have ‘limited capability for work’ and placed in the Work-Related Activity Group (WRAG). Only the DWP is aware that these regulations can be applied. The vast majority of GPs remain ignorant of them.

MrMinaj13..have a read through this

http://http://blacktrianglecampaign.org/2012/11/21/important-black-triangle-dpac-regs-29-35-campaign-failed-your-dwpatos-wca-intend-to-appeal-download-these-documents-for-your-gp/

 

[mazoo]

Hi,

 

Write to the benefit centre dealing with your claim and ask for a mandatory reconsideration on the decision to place you in the WRAG. Explain you were unaware you could ask for this until recently. When you've posted this call a local CAB or your local council's WR team and then let them take it from there.

[MrMinaj13]

and dont know what to do.

 

currently in the ESA work related activity group.

i had an episode months back, where i collapsed near the building where i have to visit for the work programme after a horrible meeting with my adviser.

i called the job centre to explain what was happening with the company who does the work programme and how it was infact making my anxiety worse, they called them and had a word. and the work provider seemed a little more understanding.

 

but now things have gone up about 10 notches, i am having to go there once or twice A WEEK. sometimes i am in such an anxious state during these adviser meetings that i have no idea what my name has been put down for. i have some sort of workshop next weds, but have no idea what it is for

i am recieiving letters every few days now with ''mandetory'' plastered all over them in bold letters.

 

my last meeting i got abit worked up afterwards, so asked to speak to someone else there, who i know is trained in mental health, she took me into a room and spent about half an hour slagging off the company and telling me how they have no understanding of mental health conditions at all. i also believe her hours had been cut back, so maybe she was abit cheesed off aswell. but she actually works there ! on the one hand its good to know you have someone on the inside who could fight your corner, on the other she is slagging off the place she works to a 'customer'.

 

but one thing that has got me very worked up is a letter i recieved today saying i must attend on monday for an ''exit review'', with a different adviser for 2 hours!! this is along with all the other appointments they are dragging me to over the next couple of weeks .

 

can anyone shed any light on what an exit review is ?!

[obiter dictum]

oops

[Mr.P]

but one thing that has got me very worked up is a letter i recieved today saying i must attend on monday for an ''exit review'', with a different adviser for 2 hours!! this is along with all the other appointments they are dragging me to over the next couple of weeks .

 

can anyone shed any light on what an exit review is ?!

 

An exit review is usually the last meeting with a Work Programme provider in order for them to fill out a form to state how well they did and how much closer you are to the job market. - When was your first meeting with this outfit ?

 

If it is close to 104 weeks, any appointments after this date can not be mandatory on the basis that you have completed your time with them. If these appointments are still within time, you have the right to demand a reconsideration of any activity, especially if it making your condition worse.

[MrMinaj13]

An exit review is usually the last meeting with a Work Programme provider in order for them to fill out a form to state how well they did and how much closer you are to the job market. - When was your first meeting with this outfit ?

 

If it is close to 104 weeks, any appointments after this date can not be mandatory on the basis that you have completed your time with them. If these appointments are still within time, you have the right to demand a reconsideration of any activity, especially if it making your condition worse.

 

i just tend to go along with whatever they say during each meeting depending on how i am feeling, the last one as i mentioned i was very agitated and could not concentrate.

but yes from the start the whole thing is making me worse.

it ****es me off as i am doing what i can to get better for myself, yet i have these people dragging me down.

i am looking into self employment, i have paid out of the benefit money to do a course. i also see a therapist. im at a loss to understand what the work programme is going to do for me ?

 

also, i am pretty certain i have not been there 2 years yet as my medical was in 2014 . so are you saying the exit review will be my final appointment ??

its not with my adviser its with someone else.

[Mr.P]

also, i am pretty certain i have not been there 2 years yet as my medical was in 2014 . so are you saying the exit review will be my final appointment ??

 

The two years start from the time you were referred to Prospects back in January 2014 (although I understand the first appointment did not take place until the end of February). It is possible that you have been labelled an "early completer", although i suspect you do not meet the criteria: From https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/394684/wp-pg-chapter-10.pdf

Early completers of the Work Programme

 

8. Early completion of the Work Programme can occur in these circumstances only:

 

• Final outcome payment has been claimed by Provider
  
• Participant is referred to Work Choice
  
• Participant becomes deceased
  

 

If you are not categorised as an early completer, then an exit report should be produced at 102 weeks and all other mandatory activities must be completed by week 104.

 

Based on your previous threads, you still have six months of the Work programme to suffer. If the provider is mandating you to attend an exit review, I'd suggest using it to your advantage and demand that they cancel all further mandatory activities. Remain quite about the fact that you are not an early completer or that there is another six months to go.

[MrMinaj13]

The two years start from the time you were referred to Prospects back in January 2014 (although I understand the first appointment did not take place until the end of February). It is possible that you have been labelled an "early completer", although i suspect you do not meet the criteria: From https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/394684/wp-pg-chapter-10.pdf

 

 

If you are not categorised as an early completer, then an exit report should be produced at 102 weeks and all other mandatory activities must be completed by week 104.

 

Based on your previous threads, you still have six months of the Work programme to suffer. If the provider is mandating you to attend an exit review, I'd suggest using it to your advantage and demand that they cancel all further mandatory activities. Remain quite about the fact that you are not an early completer or that there is another six months to go.

 

yes, its pretty much been a nightmare from the start. i just get very worried so come on here to moan

so an exit review is not referring to leaving the programme anytime soon?

 

i am hoping to be self employed by xmas-ish time anyway. but they will not relieve their commission and instead carry on pushing and prodding me till i have no energy left.