Advice on appealing please

Sorry to take up your valuable time but please could you give me some advice.
At my IB to Esa transfer I was put into Wrag group although I feel I should have been placed in support group as I do satisfy the descriptors for mobilising.
I have requested an appeal but cannot supply any further information as all the paperwork I have was offered at the medical.I am physically and emotionally drained and do not feel tha I can face a Tribunal at the moment.
My query is this. My next review is May 2013 when my 365 days allowance ends.
If they continue to place me in the Wrag group, would I be able to request an appeal against the decision and go to Tribunal if necessary?, or would they query why I did not proceed this year?
Your advices would be gratefully received.

Lizzie23 wrote:

Sorry to take up your valuable time but please could you give me some advice.
At my IB to Esa transfer I was put into Wrag group although I feel I should have been placed in support group as I do satisfy the descriptors for mobilising.
I have requested an appeal but cannot supply any further information as all the paperwork I have was offered at the medical.I am physically and emotionally drained and do not feel tha I can face a Tribunal at the moment.
My query is this. My next review is May 2013 when my 365 days allowance ends.
If they continue to place me in the Wrag group, would I be able to request an appeal against the decision and go to Tribunal if necessary?, or would they query why I did not proceed this year?
Your advices would be gratefully received.

Hi L23,

Just to add to Gordon's good advice, don't feel that it is always necessary to provide fresh evidence to have an award of ESA changed at reconsideration or appeal.

I am aware of many cases where a decision was changed simply by the claimant reiterating evidence that they had already provided.

Remember, the automatic reconsideration that takes place on appealing is carried out by a different more senior DWP Decision Maker to the one that made the original decision.

It is obviously up to you, whether you wish to carry on with the appeal, I just thought that I would point this out to you.

bro58

Don't forget that it is possible to request a paper hearing at Tribunal, rather than attending. It is a known fact that people who do this are less likely to have a successful outcome than those who appear in person, but it might be worth consdidering if you really cannot face going.

Thank you all very much for your advice which is really uaeful as always.
The problem i have is that I am waiting for an appointment with a Rheumatologist and their report would have added weight with my appeal. I have been advised that I have another 3 months before an appointment. My further question is could I ask for a further consideration against the wrag award once I have the results if I were to cancel the appeal now? They have done a reconsideration but the decision remained unchanged.I really need to supply further medical proof if my claim to be put into the support group is to have a chance.