ESA Appeal Submissions

Do you have 28 days to send in a written submission from when the DWP make their response even if you havs asked for an oral hearing? as the HMCTS GUIDE only mentions 28 days in the case of hearings based on the papers.I'm not waiting for the DWP papers and have already started trying to put a submission together but it is slow going and would like a rough idea of how long i have.I put on the SSCS1 form that i wanted to make a further written submission once the appeal was lodged,and i have had a letter confirming my appeal is lodged.

traybell wrote: Do you have 28 days to send in a written submission from when the DWP make their response even if you havs asked for an oral hearing? as the HMCTS GUIDE only mentions 28 days in the case of hearings based on the papers.I'm not waiting for the DWP papers and have already started trying to put a submission together but it is slow going and would like a rough idea of how long i have.I put on the SSCS1 form that i wanted to make a further written submission once the appeal was lodged,and i have had a letter confirming my appeal is lodged.

Hi tb,

Paper Hearings usually take place much quicker than Oral Hearings for obvious reasons.

With respect to an Oral Hearing, although you should aim to submit your submission and any other evidence to The TS ASAP, you can submit evidence safely until around a fortnight before the Oral Hearing date.

Remember, any evidence that you submit to The TS then has to be copied to The DWP.

You can actually submit a page or two of evidence on the day, if absolutely necessary.

If this was to be the case, you should copy the page or so of evidence 4 times, and give 3 of the copies to The Clerk on arrival.

Basically, the later that you submit evidence, the more likely that the hearing may be adjourned, or the evidence may be disregarded.

bro58

HELP ,CONFUSED!
Received appeal papers today.
In their response they now seem to have given me 6 points for been unable to go to unfamiliar places, so i now have 12 points. They also say 'A claimant can be treated as having limited capability for work after being assessed as not having limited capability for work,where certain conditions are satisfied...I recommend that this does apply to Miss ...They then go on to say they recommend i be placed in wrag group and that if tribunal decide i do have LCFW they decide whether or not i have LCFWRA and if there is insufficient evidence the tribunal refer the case to the Decision Maker.Is the tribunal likely to go with this?

traybell wrote: HELP ,CONFUSED!
Received appeal papers today.
In their response they now seem to have given me 6 points for been unable to go to unfamiliar places, so i now have 12 points. They also say 'A claimant can be treated as having limited capability for work after being assessed as not having limited capability for work,where certain conditions are satisfied...I recommend that this does apply to Miss ...They then go on to say they recommend i be placed in wrag group and that if tribunal decide i do have LCFW they decide whether or not i have LCFWRA and if there is insufficient evidence the tribunal refer the case to the Decision Maker.Is the tribunal likely to go with this?

Hi tb,

As you may know, there are two ways of gaining access to The WRAG, which means that you have been assessed as having Limited Capability for Work. (LCW)

They first assess whether or not you can score a minimum of 15 points cumulatively across the : The WRAG (LCW)Schedule 2 Functional Descriptors

If you don't score the minimum requisite 15 points across the "Functional Descriptors", they then look at whether you qualify for The WRAG (Have LCW) by way of The Exceptional Circumstances Rules as under :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made


It appears that even though The DWP have assessed you as having less than the minimum 15 points requirement for WRAG entry, that they are recommending to The TS that you should be placed into The WRAG under ESA Reg 29.

They are further stating that if The TS do decide to place you into The WRAG under ESA Reg 29, that they should also consider whether you should be placed into The SG (Limited Capability for Work Related Activity. (LCWRA) under : ESA Reg 35 for entry to The SG. (LCWRA)

A recent UTT rulings states that The DWP must provide information on what type of WRA the claimant may be compelled to take part in if not placed into The SG where ESA Reg 35 is being considered.

Hence the comment : "they decide whether or not i have LCFWRA and if there is insufficient evidence the tribunal refer the case to the Decision Maker."

If you want further information with regards to this you should contact The Clerk to The TS who may be able to give more clarity.

Re : ESA Reg 35, have a look at : This Post.

Please keep us updated.

bro58

If it meant not having to attend Tribunal i would accept been placed in wrag,as i was in wrag group before medical.I am going to try and get my submission off as soon as possible showing where else i think i should have points.

traybell wrote: If it meant not having to attend Tribunal i would accept been placed in wrag,as i was in wrag group before medical.I am going to try and get my submission off as soon as possible showing where else i think i should have points.

Hi tb,

Don't forget to cite any of : The SG (LCWRA)Schedule 3 Functional Descriptors that you feel that you fulfill also.

As you may know, some but not all of The WRAG Descriptors that score the maximum 15 points correspond to some of The SG Descriptors which are not points based.

Best of luck and let us know how things are progressing.

bro58