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Option to go Straight to Appeal Stage

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cldcp00
cldcp00 Community member Posts: 23 Connected
I am reaching out on behalf of a friend who is currently facing a challenging situation with their Employment and Support Allowance (ESA) reassessment.

I would greatly appreciate any advice or insights you may have to offer in this matter.

My friend has been receiving ESA for approximately 7 years and has been in the support group. However, they recently underwent a reassessment and were found fit for work, which has understandably caused significant concern regarding the potential impact on their financial support.

After researching the options available, I came across information suggesting that in some cases, individuals may have the option to go straight to the appeal stage without undergoing mandatory reconsideration, thereby allowing them to continue receiving ESA payments during the appeal process.

I wanted to seek confirmation and further guidance on this matter to ensure that my friend is aware of all available avenues and can make informed decisions regarding their ESA reassessment.

Any assistance or information you can provide would be immensely valuable, and I am deeply grateful for your time and support.

Thank you in advance for any help you can offer.

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,195 Disability Gamechanger
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    This only applies if it's the first time they've been found fit for work. Their decision letter should give advice on their next step. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/problems-with-esa/esa-appealing/#:~:text=You%20can%20appeal%20without%20a,on%20your%20Work%20Capability%

    You can appeal without a mandatory reconsideration if:
    • it's the first time the DWP has decided you don't have limited capability for work
    • you didn't score enough points on your Work Capability Assessment

    If you're not sure if you need to ask for a mandatory reconsideration, check your decision letter.

    If it’s the first time the DWP decided you don’t have limited capability for work you might be able to get ESA while you’re waiting for a decision on your appeal. This is called 'Payment Pending Appeal' (PPA).

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Jimm_Scope
    Jimm_Scope Posts: 3,633 Disability Gamechanger
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    Hi @cldcp00, this sounds incredibly stressful for you friend, it's amazing they have someone like you there for them!

    As Poppy says it must be the first time they've been found fit for work, is this the case?
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  • cldcp00
    cldcp00 Community member Posts: 23 Connected
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    Thanks Poppy for your reply.
    Would being moved form the support group to work-related activity group be classed as 
    • it's the first time the DWP has decided you don't have limited capability for work
  • woodbine
    woodbine Community member Posts: 12,125 Disability Gamechanger
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    You said they had been fit for work but also placed in the WRAG which is it please?

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  • poppy123456
    poppy123456 Community member Posts: 57,195 Disability Gamechanger
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    cldcp00 said:
    Thanks Poppy for your reply.
    Would being moved form the support group to work-related activity group be classed as 
    • it's the first time the DWP has decided you don't have limited capability for work
    No it doesn’t. You said he had been found fit for work. Can you please confirm what the decision actually was?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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