Bud wrote: HI
I/ Does the DWP set an arbritary time limit for a claimant to appeal the results of an assessment.
2/ Should the claimant ask the DWP to defer the the start of this period until they been provided with a copy of the medical report.
3/ Should the claimant further request that in the meantime the allowance be paid and further interviews deferred
1. No, the one month for a normal appeal and 13 months for a late appeal are defined by HM Courts and Tribunals and is laid down in law.
2. You cannot defer the period, in principle, if you ask for a written Statement of Reasons, then the period is extended until you receive one, however, there is no defined format for a SoR and the DWP will likely argue that the information has already been provided, in another form, so we do not recommend using this approach.
3. If appealing a Fit for Work Decision, you should be entitled the ESA at the Assessment rate, subject to you providing Fit Notes, you will not be required to attend WFIs or participate in Work Related Activity.
If appealing to be placed in the Support Group from the WRAG, then you continue to receive the WRAG rate. You are still required to attend WFIs and participate in WRA, but should not be forwarded to the Work Programme.
Gordon
