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Placed In WRAG Info & advice wanted Please
11 years 11 months ago #104443 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Placed In WRAG Info & advice wanted Please
Hi heartbeat,
Obviously we cannot tell you whether or not you should appeal, that decision is up to you.
As you say, the descriptors have little relation to whether or not someone is able to work (let alone whether there is anyone out there would would be preapred to employ us!). Nor do they have any relation to the length of time the claimant has had a condition or whether they are expected to get better in the future. The politicians would have us believe that the WRAG is for people who would soon be well enough to consider seeking work, those of us at the sharp end know that is not the case!
In order to get into the Support Group the claimant must either satisfy the specific descriptors or qualify under the exceptional circumstances rule.
Qualifying for the Support Group
If you don't feel that you would fulfill these criteria then I can't see the point of appealing and all it entails.
There is a risk of being found fit for work by the appeal tribunal. It doesn't happen often but is more likely if a claimant is on the borderline of fit/unfit for work.
Is there any risk to challenging a decision?
The WFIs are supposed to take into account the claimant's limitations, some adbisors are very good at doing this, others less so. You would still be obliged to undertake WFIs while appealing but should not be forwarded to the Work Program
Do I have to attend WFIs while I appeal?
Work Focussed Interviews
Work Programme
My first WFI appointment arrived within a couple of days of the decision letter, other people have gone for many months without hearing anything. It is possible to have the WFIs carried out over the phone or even in your own home but this is entirely at the discretion of your advisor. It is worth a phonecall when the first appointment letter arrives.
After 12 months you can apply for income-related ESA if you think you might qualify (basilcally - no working partner, no other income, no savings above £16000). You would need to fill out an ESA3 form to check your entitlement to income-related ESA, this does not reassess your ability to meet the desciptors. Likewise, if you were still awaiting appeal after 365 days WRAG ( which is highly possible) you would have to fill in an ESA3 if you thought you might quailfy for income-related ESA (you are right that WRAg payments continue during the appeal unless you are sanctioned for not atending WFIs!). Otherwise, your claim would still be live but you would receive NI credits only.
I suggest that you have a look at our ESA appeal giude and FAQs before making a decision.
Appeals FAQs
ESA appeals
If you have any further questions please come back and ask them on this thread/topic as it helps if everything is kept in one place. You will find it easily in future if you bookmark it, or make it a favourite, now
Obviously we cannot tell you whether or not you should appeal, that decision is up to you.
As you say, the descriptors have little relation to whether or not someone is able to work (let alone whether there is anyone out there would would be preapred to employ us!). Nor do they have any relation to the length of time the claimant has had a condition or whether they are expected to get better in the future. The politicians would have us believe that the WRAG is for people who would soon be well enough to consider seeking work, those of us at the sharp end know that is not the case!
In order to get into the Support Group the claimant must either satisfy the specific descriptors or qualify under the exceptional circumstances rule.
Qualifying for the Support Group
If you don't feel that you would fulfill these criteria then I can't see the point of appealing and all it entails.
There is a risk of being found fit for work by the appeal tribunal. It doesn't happen often but is more likely if a claimant is on the borderline of fit/unfit for work.
Is there any risk to challenging a decision?
The WFIs are supposed to take into account the claimant's limitations, some adbisors are very good at doing this, others less so. You would still be obliged to undertake WFIs while appealing but should not be forwarded to the Work Program
Do I have to attend WFIs while I appeal?
Work Focussed Interviews
Work Programme
My first WFI appointment arrived within a couple of days of the decision letter, other people have gone for many months without hearing anything. It is possible to have the WFIs carried out over the phone or even in your own home but this is entirely at the discretion of your advisor. It is worth a phonecall when the first appointment letter arrives.
After 12 months you can apply for income-related ESA if you think you might qualify (basilcally - no working partner, no other income, no savings above £16000). You would need to fill out an ESA3 form to check your entitlement to income-related ESA, this does not reassess your ability to meet the desciptors. Likewise, if you were still awaiting appeal after 365 days WRAG ( which is highly possible) you would have to fill in an ESA3 if you thought you might quailfy for income-related ESA (you are right that WRAg payments continue during the appeal unless you are sanctioned for not atending WFIs!). Otherwise, your claim would still be live but you would receive NI credits only.
I suggest that you have a look at our ESA appeal giude and FAQs before making a decision.
Appeals FAQs
ESA appeals
If you have any further questions please come back and ask them on this thread/topic as it helps if everything is kept in one place. You will find it easily in future if you bookmark it, or make it a favourite, now
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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