Placed in WRAG.Re:Appealing?Half Measures.

James wrote: Received notification that its to be The WRAG.
In a nutshell questions are:is ESA/IB paid during appeal,what is average length(wks) to come to appeal?
If appeal is not attended does decision revert to WRAG?
Do you have to attend WFIs during appeal wait?
Letter mentions sanctions vs Benefit if WFIs not attended.
Is there some sort of reduced rate or penalty rate or is it cut all together for non attendance?
Can you postpone and delay WFIs and how many times?
Thanks-a lot quicker than a trawl through the literature.

If you appeal then the claimant continues to receive the WRAG rate.

Appeals are taking 9-12 months on average, this includes the DWP Reconsideration process.

You can opt for a paper hearing where the claimant does not need to attend, but the success rate is about 25% of that for Oral hearings that the claimant attends.

Claimants are required to attend WFIs and to participate in Work Related Activity while they are in the WRAG even if they are appealing, but should not be forwarded to the Work Programme

Work Focussed Interviews

If they are deemed as not doing so then their ESA payments can be sanctioned

Changes to ESA Sanctions

WFIs can be deferred, held over the phone, on in extreme cases held in the claimants home (I have only heard of this happening once in the last three years), whether this happens is at the discretion of the JC+ advisor. The claimant has no specific right to cancel their attendance at a WFI, however, any activity that they asked to perform must take into account any limitations that result from their condition(s).

Gordon

James wrote: Thank You Gordon for that Information.Clear to understand.So to summarise
there would not be much point in engaging in a delay appeal as the Contributory ESA would be paid and exhausted after the 12 months it might take to come to appeal.
And it would be necessary to attend WFIs anyway during the appeal wait.
The only thing I can detect is that it would not be necessary to attend Work Placement
during that time.
despite The WFis.
This would be distinct advantage as is work placement is a compulsory requirement
if in The WRAG not on appeal?
What I mean is it might be worth lodging an appeal for 12 months wait in order to avoid being drafted to Work Placemen during that periodt?
Would that be correct please?

Appeals should be lodged within one month of the date on Decision letter, whilst they can be made later and up to 13 months after the date, you would need to show Good Cause as to why the application is late.

Appeals can only be lodged on the basis that the claimant believes they meet the criteria for the Support Group.

Have a look at the following for more information.

Our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Is there any risk to challenging a decision?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Gordon