From support group to wrag

Nanadi

Yes, you would still receive the £29. If your ESA is Contribution Based only then it will be for 52 weeks, but if you are eligible for Income Related ESA then there is no time limit.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this should be done in writing to the DWP, within one month of the Decision, to the office that deals with her claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Your WRAG award will remain in payment while you do this.

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that she meets the criteria for the SG, there are many reasons she may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that she walked 50m, she did but they have failed to document that she had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nanadi

1. An MR should be 5-8 weeks.

2. Appeal wait times are currently around a year.

3. You can withdraw an appeal at any time up to and including the day of the hearing. You would not have to repay any money.

Gordon