Appeals query

If you are appealing the decision of being placed into the wrong group of ESA i.e. you think you should be in the Support Group when you've been placed into the WRAG, do you still receive any payment of ESA whilst waiting for the appeal? If not is there anything you can claim whilst waiting for the appeal?

It is my understanding that a claimant will be paid at the WRAG rate, whilst awaiting the outcome of the appeal to be placed in the support group.

The rationale behind it is because the DWP in conjunction with Atos have determined that on the basis of the medical evidence they qualify for the WRAG. Once the appeal is heard however, the tribunal can conclude that the appellant does not qualify for ESA at all, as can already happen with DLA.

Crazydiamond wrote:

It is my understanding that a claimant will be paid at the WRAG rate, whilst awaiting the outcome of the appeal to be placed in the support group.

The rationale behind it is because the DWP in conjunction with Atos have determined that on the basis of the medical evidence they qualify for the WRAG. Once the appeal is heard however, the tribunal can conclude that the appellant does not qualify for ESA at all, as can already happen with DLA.

Hi CD

It doesn't work the other way round though. If one is put in the Support Group, but then appeals because they believe they should be in the WRAG, immediately the payment drops to the WRAG rate pending the appeal tribunal.

Pete

Hi Pete,

It appears to be a rather strange anomaly because if the appellant is reduced to the WRAG rate, he/she has received exactly what was requested, and therefore the appeal must lapse?

It would also be sensible and logical in this situation for the DWP to write to the appellant to request a withdrawal of their appeal, because in effect there would be nothing left to appeal!

Regards,

CD

Thanks.

So just to clarify and to be clear. When you submit your GL24 stating that you don't believe that you should be in the WRAG of ESA (be it CB or IB) but the Support Group the DWP/DM will allow you to stay in the WRAG until the time that the appeals panel decides which group you should be in?

I suppose the follow on question is what happens in 2012 when/if the 1 year time limit comes in for CB ESA and your appeal takes >1 year to be heard. Do you get thrown off CB ESA after the 1 year then wait for the appeal and hopefully the appeal goes in your favour and you get re-instated into the Support Group of CB ESA with any money owed to you paid back?

Crazydiamond wrote:

Hi Pete,

It appears to be a rather strange anomaly because if the appellant is reduced to the WRAG rate, he/she has received exactly what was requested, and therefore the appeal must lapse?

It would also be sensible and logical in this situation for the DWP to write to the appellant to request a withdrawal of their appeal, because in effect there would be nothing left to appeal!

Regards,

CD

Hi CD,

Yes, it is an anomoly.

However the DWP can only request one withdraws the appeal, it cannot be forced by them.

Only if a Tribunal judge thinks it is a frivalous case would the appeal be 'thrown out', in which case the claimant 'should' go back into the support group.

Then upto the U/T we go on a point of law.

Well it does gum up the system somewhat!.

Pete