esa reconsideration and appealing

I had reassment in July 2014 and I am placed in wrag for 18 month. . I asked for reconsideration and had phone call and then placed me again in wrag.the decsion maker use the telephone conversation as a reason to make no charge. I appeal the decision but I couldn't get a representative to help me.
so my questions are:
1) is the reconsideration report or the atos assessment matters in the tribunal
2) can I withdraw my appeal, I have three weeks left to to my hearing date
3) what is the risk for me if I withdraw or go ahead with my appeal.

SO please help what to do.

Thanks

moh wrote: I had reassment in July 2014 and I am placed in wrag for 18 month. . I asked for reconsideration and had phone call and then placed me again in wrag.the decsion maker use the telephone conversation as a reason to make no charge. I appeal the decision but I couldn't get a representative to help me.
so my questions are:
1) is the reconsideration report or the atos assessment matters in the tribunal
2) can I withdraw my appeal, I have three weeks left to to my hearing date
3) what is the risk for me if I withdraw or go ahead with my appeal.

SO please help what to do.

Thanks

Hi m,

1) The Tribunal will be re-looking at the original adverse WRAG award with a "fresh pair of eyes" to see whether you should have been placed into The SG rather than The WRAG.

They will take " all " the evidence that they have access to into account in coming to their decision.

2) You can withdraw your appeal at any time by informing the Tribunal in writing. Obviously you should give them as much notice as possible.

3)If you withdraw your appeal, then obviously the WRAG award will stand, and you should be aware that if you are being paid CB ESA only in The WRAG, that payments will cease after 365 days, which would seem to be circa July 2015 :

12 Month Limit for ESA(CB)

If you do not withdraw your appeal, and you attend the hearing, the Tribunal would first have to verbally warn you if they were considering downgrading your WRAG award.

You would then be given the opportunity to withdraw your appeal, and keep your WRAG award.

If you are successfully placed into The SG, it will be as if you have never been in The WRAG, as The SG award would be backdated to the time of The WRAG award.

You would be paid any arrears of monies owed from that date, there would be no 365 days limit to payment of CB ESA for as long as you remain in The SG, and you would no longer have to comply with WFI's and/or WRA.

bro58

Hi M,

Just to add,

ESA Tribunals should be quite informal, just a two member panel.

Have a look at this video of a "Mock" ESA Tribunal Hearing :

MOJ Video of ESA Appeals Process and Tribunal

bro58

Thanks for your comments

I i am not on the contribution based esa . But my advisor in the job centre told me he is going to send me to the work programme. So can he do that if I fail my appeal or withdraw my appeal
Thanks again for your cooperation

Gordon wrote:

moh wrote: Thanks for your comments

I i am not on the contribution based esa . But my advisor in the job centre told me he is going to send me to the work programme. So can he do that if I fail my appeal or withdraw my appeal
Thanks again for your cooperation

Current JC+ policy is not to forward claimants with an outstanding appeal to the Work Programme, if you fail your Tribunal or withdraw it then this limitation would be removed.

Gordon

.
sorry one more question again. I have read in one document of the DWP that work programme is not mandatory for era wrag claimants with 18 month prognosis period. So what is your comments.
Thanks