Option to go Straight to Appeal Stage

cldcp00
cldcp00 Online Community Member Posts: 23 Connected
in Employment and Support Allowance (ESA)
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 Online Community Member Posts: 64,463 Championing
    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).

  • Jimm_Alumni
    Jimm_Alumni Scope alumni Posts: 5,717 Championing
    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?
  • cldcp00
    cldcp00 Online Community Member Posts: 23 Connected
    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
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    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?

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