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ESA Appeal Problem

  • injuredcyclist
  • Topic Author
13 years 5 days ago #52552 by injuredcyclist
Replied by injuredcyclist on topic Re:ESA Appeal Problem
I have just looked at the ATOS report and it advises that I may be able to return to work 'within 6 months'.
( This is contrary to several consultants opinions who say its impossible to predict.
I have just seen another one this morning and he says it's likely to be 12-18 months.)

So I'm guessing I will face another WCA before 6 months?

Does anyone know if the Tribunal backlog is still around 4 months?

Thanks again - this resource is keeping us sane and restoring our faith in human nature!

Bless you all. :kiss:

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  • bro58
13 years 5 days ago #52563 by bro58
Replied by bro58 on topic Re:ESA Appeal Problem
Injuredcyclist

If you read the document from the link I told you about.

At page 36 last paragraph A2.21 ESA WRAG eligibility for entry to Works Programme.

" ESA WRAG (Contribution Based). customers do not have a required referral point to WP, but will instead have the option to volunteer to be part of the WP From their WCA outcome."

From that it would seem that you can not be made to attend WP, even if you have a short "Prognosis" 3-6 months. The short prognosis only compels to WP if on Income Related ESA.

That's how I interpret it anyway. Further anyone can ask for a postponment anyway.

If you intend to appeal WRAG to Support there are time limits, have you filled in and returned GL24.

I don't think it would be wise though to imply to anyone that your reason for appeal is purely to postpone WP, even though I understand your plight.

Cheers

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  • bro58
13 years 5 days ago #52566 by bro58
Replied by bro58 on topic Re:ESA Appeal Problem
injurecyclist,

One other thing, are you still classed as employed, do you still have a contract of employment that has not been terminated.

if so again I think WP is not mandatory.

See: Page 37 A2.23.

cheers

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  • injuredcyclist
  • Topic Author
13 years 5 days ago #52575 by injuredcyclist
Replied by injuredcyclist on topic Re:ESA Appeal Problem
bro - thanks,this is VERY helpful - I've checked it out and I understand your interpretation. Thanks again.


And - yes I am still employed at the moment,in fact I have a very supportive employer,from the point of view of my injury - and a phased return to work etc.

I am considering a voluntary redundancy package at the moment though - as this would give me an income to survive on until I'm recovered enough to get back to the world of work.

Thanks again for your patience and info.

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More
13 years 5 days ago #52576 by Gordon
Replied by Gordon on topic Re:ESA Appeal Problem
injuredcyclist

There seems to be considerable variation across the country, but it is likely that you will wait at least 8 months for a Tribunal, and we have an increasingly large number of members who have alreasdy waited 12 months.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
13 years 5 days ago #52577 by bro58
Replied by bro58 on topic Re:ESA Appeal Problem
Injuredcyclist

No problem, glad to help, I think thanks is due also to Fedup who originally drew our attention to this document.

bro58

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