- Posts: 51101
× Members
DWP have initiated an appeal
- cazdaz
- Topic Author
9 years 11 months ago - 9 years 11 months ago #120828 by cazdaz
Replied by cazdaz on topic DWP have initiated an appeal
Hi Gordon. Have you any idea where the Pension Service Appeal Team can be contacted? Am conscious of tight time limits and some previous dwp stuff has taken 6 weeks to reach spain. Need to contact someone there tomorrow. Have emailed DWP to ask, but they can take days to respond....
Last edit: 9 years 11 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
9 years 11 months ago #120836 by Gordon
I cannot find a central number, an internet search produced some regional numbers, so you might want to try those, however, I do not understand why the Pension Service are involved at all in an ESA appeal, with the possible exception of NI Contributions which is not relevant.
If your appeal is now with the Tribunal Service then all further communication regarding your appeal should be made through them, you should not contact the DWP as this can cause problems with the evidence chain in your case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP have initiated an appeal
cazdaz wrote: Hi Gordon. Have you any idea where the Pension Service Appeal Team can be contacted? Am conscious of tight time limits and some previous dwp stuff has taken 6 weeks to reach spain. Need to contact someone there tomorrow. Have emailed DWP to ask, but they can take days to respond....
I cannot find a central number, an internet search produced some regional numbers, so you might want to try those, however, I do not understand why the Pension Service are involved at all in an ESA appeal, with the possible exception of NI Contributions which is not relevant.
If your appeal is now with the Tribunal Service then all further communication regarding your appeal should be made through them, you should not contact the DWP as this can cause problems with the evidence chain in your case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cazdaz
Please Log in or Create an account to join the conversation.
- cazdaz
- Topic Author
9 years 11 months ago - 9 years 11 months ago #120902 by cazdaz
Replied by cazdaz on topic DWP have initiated an appeal
Hi Gordon, thanks for advice...thought as usual was losing the plot as couldn't find the team the dwp were talking about and of course no response today. Can I ask a question which may be obvious but is confusing me (no change there then!). Should a medical pre-date the decision on ESA group? And once informed of WRAG group is it normal to be asked to go for a medical 3 months later? You couldn't make this lot up could you...what a nightmare. Thankgoodness for this site. Regards
Last edit: 9 years 11 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51101
9 years 11 months ago #120904 by Gordon
An assessment is not required for a WRAG or Support Group Decision to be made, the Decision Maker can make a Decision purely on the basis of your ESA50, any evidence attached and the ATOS medical report.
Once a Decision to place a claimant in the WRAG or SG is made there should be no further requirement for a face to face assessment, they cannot go back and change the original award unless they can also show that there are serious discrepancies in that original Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP have initiated an appeal
cazdaz wrote: Hi Gordon, thanks for advice...thought as usual was losing the plot as couldn't find the team the dwp were talking about and of course no response today. Can I ask a question which may be obvious but is confusing me (no change there then!). Should a medical pre-date the decision on ESA group? And once informed of WRAG group is it normal to be asked to go for a medical 3 months later? You couldn't make this lot up could you...what a nightmare. Thankgoodness for this site. Regards
An assessment is not required for a WRAG or Support Group Decision to be made, the Decision Maker can make a Decision purely on the basis of your ESA50, any evidence attached and the ATOS medical report.
Once a Decision to place a claimant in the WRAG or SG is made there should be no further requirement for a face to face assessment, they cannot go back and change the original award unless they can also show that there are serious discrepancies in that original Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bro58
9 years 11 months ago #120905 by bro58
Hi c,
An award of WRAG or The Support Group (SG) can be made on paper evidence alone without the need for a face to face (f2f) assessment before hand.
A f2f must take place before a fit for work decision can be made.
Theoretically, all ESA awards are indefinite, i.e. they are not for a fixed term like some DLA and PIP awards.
However, with each ESA award there also comes a recommended period before reassessment (The Prognosis).
Prognoses can vary from the minimum period of 3 months to the maximum period of 3 years if in The SG, see :
How often will I be reviewed
From our :
ESA FAQ’s
As any prognosis is only a recommendation, although the DWP normally abide by this, they can reassess a claimant any time after the 3 months minimum period.
It cannot be challenged legally, as it is purely a recommendation and forms no part of the ESA award in law.
bro58
Replied by bro58 on topic DWP have initiated an appeal
cazdaz wrote: Hi Gordon, thanks for advice...thought as usual was losing the plot as couldn't find the team the dwp were talking about and of course no response today. Can I ask a question which may be obvious but is confusing me (no change there then!). Should a medical pre-date the decision on ESA group? And once informed of WRAG group is it normal to be asked to go for a medical 3 months later? You couldn't make this lot up could you...what a nightmare. Thankgoodness for this site. Regards
Hi c,
An award of WRAG or The Support Group (SG) can be made on paper evidence alone without the need for a face to face (f2f) assessment before hand.
A f2f must take place before a fit for work decision can be made.
Theoretically, all ESA awards are indefinite, i.e. they are not for a fixed term like some DLA and PIP awards.
However, with each ESA award there also comes a recommended period before reassessment (The Prognosis).
Prognoses can vary from the minimum period of 3 months to the maximum period of 3 years if in The SG, see :
How often will I be reviewed
From our :
ESA FAQ’s
As any prognosis is only a recommendation, although the DWP normally abide by this, they can reassess a claimant any time after the 3 months minimum period.
It cannot be challenged legally, as it is purely a recommendation and forms no part of the ESA award in law.
bro58
Please Log in or Create an account to join the conversation.
- bro58
9 years 11 months ago - 9 years 11 months ago #120908 by bro58
Hi c,
Just to clarify, Gordon's information is correct.
The information that I have provided is under the scenario where an ESA award has been made, and the DWP then instigate a fresh reassessment (WCA) of the existing award.
As Gordon says, they should not be initiating a f2f after an award, if it is pertinent to the same award.
bro58
Replied by bro58 on topic DWP have initiated an appeal
bro58 wrote:
cazdaz wrote: Hi Gordon, thanks for advice...thought as usual was losing the plot as couldn't find the team the dwp were talking about and of course no response today. Can I ask a question which may be obvious but is confusing me (no change there then!). Should a medical pre-date the decision on ESA group? And once informed of WRAG group is it normal to be asked to go for a medical 3 months later? You couldn't make this lot up could you...what a nightmare. Thankgoodness for this site. Regards
Hi c,
An award of WRAG or The Support Group (SG) can be made on paper evidence alone without the need for a face to face (f2f) assessment before hand.
A f2f must take place before a fit for work decision can be made.
Theoretically, all ESA awards are indefinite, i.e. they are not for a fixed term like some DLA and PIP awards.
However, with each ESA award there also comes a recommended period before reassessment (The Prognosis).
Prognoses can vary from the minimum period of 3 months to the maximum period of 3 years if in The SG, see :
How often will I be reviewed
From our :
ESA FAQ’s
As any prognosis is only a recommendation, although the DWP normally abide by this, they can reassess a claimant any time after the 3 months minimum period.
It cannot be challenged legally, as it is purely a recommendation and forms no part of the ESA award in law.
bro58
Hi c,
Just to clarify, Gordon's information is correct.
The information that I have provided is under the scenario where an ESA award has been made, and the DWP then instigate a fresh reassessment (WCA) of the existing award.
As Gordon says, they should not be initiating a f2f after an award, if it is pertinent to the same award.
bro58
Last edit: 9 years 11 months ago by bro58.
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris