Query re appealing after the alloted 4 week period

Hi

I understand that in being transferred from IB to ESA if you are put in the WRAG and want appeal to go into the Support Group you have 4 weeks to lodge your appeal. If you are suffering from a number of conditions though which entitled you to IB but only one of them is the likeliest to place you in the Support Group, but its cause is still being investigated by your doctors (e.g. urinary incontinence with total uncontrolled void at least once a week) can an appeal be lodged at a later point whilst receiving ESA WRAG, i.e. when more evidence (e.g. results of urodynamics tests) will be available to help prove your case? - Or can you only appeal after the alloted 4 week appeal period if your condition gets worse since you were transferred from IB to contribution based ESA WRAG? (My spouse has a pension that would preclude me from being entitled to income related ESA.)

If it is a question of having to appeal within the alloted 4 weeks and one were to lose the appeal due to lack of evidence, can another (second) appeal be lodged after that on the grounds of evidence having become available, e.g. results of tests and/or poor response to medications prescribed and tried? (If so, I guess this would still have to be done before the contribution based ESA WRAG year is up?)

Would be grateful to know the answer to this. Thank you in anticipation.

The appeal tribunal can only look at your condition at the time the first decision was made. A diagnosis can sometimes help prove your contention that you suffer from certain problems but it is not the diagnosis itself that is important.

A late appeal can sometimes be considered if DWP accept that there is good cause to do so. However, I believe that 'good cause' is unlikely to be accepted simply because a claimant is waiting on a diagnosis. In these circumstances, the slowness of the tribunal process could well work in your favour as it is possible that you will have your diagnosis by the time your appeal is heard. If this is the case then you can submit that as evidence any time until your appeal is heard (as things stand at the moment).

If your appeal were to be disallowed, you would only be able to take this further if the first tribunal have made an 'error of law', not becuase you had received another diagnosis. If your condition were to worsten then you could ask for a 'supersession' (reappraisal) of your claim.

Edit - x post with Gordon

Thank you so much for your replies Gordon and Mrs Hurtyback.

To apply for a 'supersession' would my condition have to have worsened for a minimum period of time in order for it to be taken into account?

nofuss wrote:

Thank you so much for your replies Gordon and Mrs Hurtyback.

To apply for a 'supersession' would my condition have to have worsened for a minimum period of time in order for it to be taken into account?

No.