My wife has just had her second interview with "Pathways to Work". Due to her sight problems which are getting worse the interviewer suggested that we obtain the ATOS medical report which was conducted last December and appeal against the decision with a view to being transferred to the support group from the WRAG. I now find that after reading your advice forms, the time limit for appeals is one month after the decision for group placement has been made. Unfortunately we are beyond that time limit. Does this mean she would have to re-apply using the new criteria ESA form?
Normally there is a time limit of one month for making an appeal. This will run from the date of the decision letter informing your wife that she had been placed in the WRAG.
There is scope to have the appeal period extended for up to thirteen months but in order to request a late appeal, your wife would need to demonstrate good cause, and that there were exceptional and/or mitigating circumstances why the appeal was not within the prescribed time limits.
If good cause cannot be shown, your wife (unfortunately) will have to undergo the WCA process again under the revised legislation, using the new ESA50.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
