ESA appeal, is it too late?

Hi,
My wife has been on IB for many years.
We filled in the ESA forms and sent them off. We got a letter back dated 9th April and near the bottom it said she had been placed in the WRAG. We were totally unaware that there was a support group. She sought some advice locally and was wrongly told there was nothing she could do!
Having now looked at it myself I realise we could have appealed up to 9th May.
We have now had a letter telling her to attend an interview with a JCplus personal adviser on June 5th.
She has Ankylosing Spondylitis and numerous other debilitating things. She should really be in the support group as there is no way she could work. She is getting very stressed about it all.
Is there anything we can do now?
Many thanks.

Hi Elaine,
You can actually appeal up to 13 months after the decision if you can show 'good cause' for being late. You should mention that you were wrongly advised about the possibility of appealing but, in fact, DWP seem to be accepting late appeals without any argument at the moment.

How long do I have to appeal?

How to submit an appeal

While in the WRAG the claimant does have to undertake Work Focussed Activites and can be forwarded to the Work Program. However, being awarded ESA in either group does accept that the claimant is not fit for work and cannot be asked to work or look for work.

Access to the Support Group depends entirely on meeting the criteria

Qualifying for the Support Group

The first stage of the appeal is for another decision maker to reconsider your case and it is possible to move into the Support Group at this stage. Therefore you should send in your extra information and evidence as soon as you are able - although you don't need to put a lot of information on the GL24 initially. You can download this form from the internet if you didn't get one with the decision letter. You can request the forms that DWP used to record this decios, this will help you to know what you are arguing against. However, don't wait for these before you get the GL24 in.

ESA medical – what forms to ask for?

While appealing the claimant is still obliged to undertake WFIs but should not be forwarded to the Work Program. it is worth phoning the JobCentre personal advisor as they will sometimes agree to carry out the WFIs over the phone.

Do I have to attend WFIs while I appeal?

Work Focussed Interviews

Work Programme

There is a risk to appealing as the Tribunal have the right to find the claimant fit for work, so you should be as certain as possible that the WRAG award is safe before starting down that path.

Qualifying for the WRAG

Is there any risk to challenging a decision?

While appealing, the claimant will continue to be paid the WRAG amount until 365 days has passed. After that the means test comes into operation and payment will cease if the houehold income, assets and savings are above a certain level. If put into the Support Group at reconsideration or appeal, the clock will reset to zero and time in the Support Group is not limited as it is in WRAG.

Have a look at all of our ESA and appeals resources then come back to this topic/thread if/when you have further questions. It does help us if you keep everything together in one place. You will be able to find this easily in the future if you mark it as a favourite, or bookmark it, now.

All appeal FAQs

ESA claims and appeals

Thanks very much.
Just a couple of questions.
If we appeal now I am presuming we still have to attend the interview next week? Or can we phone and ask for a postponement?
And when you say make sure the WRAG is safe before appealing, how do you make sure?
Thanks.

You should phone the JobCentre personal advisor and ask if s/he is prepated to postpone the interview or hold it over the phone. It is, theoretically, possible to have this carried out in the claimant's own home, but I don't think I have ever heard of this actually happening! All of these are totally at the discretion of the advisor.

When you get the paperwork associated with the claim you will be able to see whether it looks as if your wife scored on several descriptors or whether it might have been a close-run thing. You can stop the appeal process at any stage without penalty.

Thanks very much, you have been really, really helpful.
One last question.
How do we get access to the paperwork associated with the claim so that we can see how it was scored etc.
Thanks

elaine22 wrote: Thanks very much, you have been really, really helpful.
One last question.
How do we get access to the paperwork associated with the claim so that we can see how it was scored etc.
Thanks

Hi e22,

You can request The ESA85A Medical Report by ringing the number on the WRAG Award Decision Notice letter.

There should also be an LT54, and there may be an ESA113 if one was sent to your G.P.

As a back up, you can request the documentation using a SAR :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


The DWP have 40 calendar days to comply with a SAR.

As well as requesting the ESA documents mentioned above, you could request all documentation used in coming to The WRAG decision.

You can also make particular written requests for the recommended length of The WRAG award, (The Prognosis) and the reasons (ESA Regulations) that were applied in awarding WRAG.

ESA Forms

You should address a SAR to the office on your WRAG Decision Notice letter, put "DPA 1998 SAR" in front top left corner, and FAO Data Controller in the address.

Sending Documents to the DWP or ATOS

bro58