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Thread: Mandatory Consideration

  1. #31
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    ^ Thanks Walker

    -------------------

    Just to be a pain I do have a question.

    In terms of reassessment it says the tribunal recommends that the DWP does not reassess me within 18 months from today (yesterdays date).
    But also says any recommendation given below does not form part of the Tribunal's decision and is not binding on the secretary of state.

    Does that mean they could reassess me before 18 months? and if so is that likely? My aim is to potentially try a small amount of permitted work as my overall goal is to return to work. This needs to be done slowly tho. Would p. work trigger them into assessment mode?

    I know someone else at MIND who won an appeal and got 12 months, the DWP sent his ESA50 out sooner than this and he contacted them to say that they shouldn't send it until April according to his notice, to which they agreed. I don't know if his was a recommendation by the tribunal or a part of his decision though. He was different from me in that he didn't score enough points but was given ESA on the basis to not do so would hamper his recovery.

  2. #32
    Senior Member nukecad's Avatar
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    They do tend to go by the tribunals recommendation for reassessment date.

    But they don't have to - which is why the letter says it's not binding on the SoS.

    The DWP's own guidance on "Determining the next WCA referral date":
    Remember it's only guidance not law.
    https://www.whatdotheyknow.com/reque..._passthrough=1
    If the Tribunal has recommended a re-referral date. Apply any Tribunal recommendations on review periods as the default and only alter where there is strong justification.
    But it also says:
    The DM should apply the recommendations of the Tribunal as to when the next WCA should take place, from the date of the original decision unless the Tribunal specifies otherwise.
    There again:
    DMs must use a minimum period of eight months as the point when the claimant must complete a new WCA following a successful appeal, unless there are mitigating circumstances. This means that new re-referrals will commence at the six month stage.
    It's only one page but I won't quote it all, see the link above.
    Last edited by nukecad; 03-13-2019 at 11:53 AM.
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  3. #33
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    Thanks for that nukecad

  4. #34
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    I'd hoped i'd finished with this thread but....

    Got a missed call on Friday that came up on my phone as 'Universal Credit' which has worried me. Followed by a text saying the DWP needs to talk to you straight away about your ESA claim, with a number (0800 169 3010) rather unhelpfully that is no longer in use *eyeroll*.

    I'm worried now there going to try and convince me to take Universal credit. I'm not 100% clear on this but I thought that if you receive SDP you can't currently be transferred onto Universal Credit?

    My other concern is about the ESA rate I might end up with. My claim goes back quite away and my last reassessment before this failed one last year was on paper in 2015.
    However when I was found fit to work last Feb I had to claim JSA but because my capital had gone down a bit the woman on the phone insisted this would have to be a new claim. I just went with it as I was anxious. I'm now worried that I may end up with current WRAG rates rather than the pre 2017 ones when they changed it. Surely my ESA should be linked to the original ESA claim and not the current JSA one which was started?

    Also (sorry for all the questions) if I reported a change of circumstances (less capital) would this push me off and onto universal credit? I'm assuming not because of SDP but i'm not entirely sure.

  5. #35
    I am sorry it is still continuing
    they honestly couldn't make it more stressful, could they

    I am sorry also that I cannot answer your questions but hopefully Nukecad will be along soon

    but I am confused about the number because I rang them only this last week on that number except the end is 0310 and not 3010

    and it is the number on all their correspondence

  6. #36
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    Quote Originally Posted by walker View Post
    I am sorry it is still continuing
    they honestly couldn't make it more stressful, could they

    I am sorry also that I cannot answer your questions but hopefully Nukecad will be along soon

    but I am confused about the number because I rang them only this last week on that number except the end is 0310 and not 3010

    and it is the number on all their correspondence
    Thanks . I think i've become so jaded and mistrustful of the DWP these days that I tend to be suspicious at all times, warranted or not, lol.


    Hmm it's definitely 3010 in the text. I wouldn't be at all surprised if they'd made a mistake with the auto text messages tbh.

  7. #37
    Senior Member nukecad's Avatar
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    Firstly- If you have SDP then you cannot claim Universal Credit in any circumstances, you are barred by law from claiming UC.

    Secondly- Your appeal overturned the Fit for work decision so you ESA claim was still valid on the date of that FFW decision.
    Legally it's as if the JSA claim never existed, and so it was still ESA even though they paid it as JSA for a while.
    Which means it's still your previous ESA claim and so WRAG component should still be paid.

    As for the phone call.
    As Walker says you (or they) seem to have been a bit dyslexic with the number.
    0800 169 0310 is the standard Jobcentre number for JSA, IS, IB, or ESA.
    https://www.gov.uk/contact-jobcentre...benefit-claims

    I would suspect that it's probably about a Work Focused Interview now that you're in WRAG?
    (Or they might be asking if you want to volunteer for the Heath and Work Programme, or .....).
    There's only one way to find out what they want.

    Why it said Universal Credit is anybodys guess, probably just some daft idea they have had.
    EDIT- I don't think that ESA has their own texting system so they are probably using the UC system. (Just like they use the JSA system for 'unusual' payments).

    LOL- As I pressed send on that there was a knock at the door.
    I went to see who it was and a young guy tried to walk straight in - a pizza delivery for the pub next door. The one that says BLACK BULL in 3 foot high white letters over the door.
    I'm not sure he should be driving if he can't even see that.
    Last edited by nukecad; 03-19-2019 at 03:15 PM.
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  8. #38
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    It's definitely them in terms of the wrong number, lol. Which doesn't surprise me I suppose.

    I'm going to ring them tomorrow as I'm currently still a 'live' JSA claimant. I went into the Job Centre today to sign on (as the judge told me to cont. to do so). Showed the lady my decision notice from the tribunal. She seemed a bit lost but the first thing she asked was 'so have you made a claim for universal credit?'. Tbf I don't think she actually knew what she doing. She had to go and ask someone and came back. She understood what I meant about the WRAG rates being applied properly. But she knew nothing about people on SDP not being transferred to UC. Though as she didn't actually know what SDP was that probably isn't surprising.


    ^ Thanks for the above nukecad
    Hope you don't have any more unexpected deliveries from semi blind drivers! lol

  9. #39
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    They rang me apparently because it had been flagged up that my ESA award will be less money than my JSA award (work that one out in the warped world of the DWP).

    I explained about the WRAG rates and that they needed to look at my ESA claim that my appeal was based on, not my JSA claim, as it goes back to 2015. So she's emailed the powers that be and I'll just have to wait and see what happens. They did ring today but I annoyingly missed the call.

  10. #40
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Mory View Post
    They rang me apparently because it had been flagged up that my ESA award will be less money than my JSA award (work that one out in the warped world of the DWP).
    I'd like to see their explanation for that one.

    The only possible circumstance that I can think of is that JSA during MR/appeal can include disability premiums, whereas ESA assessment rate during appeal doesn't (always) include them.
    A few years back we had a member here stay on JSA during appeal for that very reason.
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