ESA TO JSA

karon

To summarise what you should be doing.

In regard your sister being in the WRAG. You need to have appealed this Decision to the Benefit Centre that normally deals with her claim, this is not the JC+ office that deals with her in regard to Work Related Activity.

In regard to the sanction(s). You need to have appealed this to the JC+ office that deals with her in regard to Work Related Activity.

Gordon

karon

ESA appeals are running at about six months from when the DWP complete their Reconsideration, we don't have any statistics for sanction appeals, which use a different process, but based on the posts from other forums they are probably in the order 2-3 months.

Please be aware that neither appeal relieves your sister of the requirement to participate in Work Related Activity, so if she misses another appointment she will likely be sanctioned again and this will require another appeal.

Gordon

karon wrote: hi any reply to my last post yet please just checking to see if its gone missing , had one go already many thanks karon

It is not unusual for the DWP to use a different office to deal with an appeal if the one that normally would is overloaded.

You appeals at the moment are seperate, you have an appeal in regard to your sister being in the WRAG and you have an appeal in regard to her being sanctioned, if she is sanctioned again then you will have to make a third appeal.

If she is placed in the Support Group by the first appeal, then the sanctions should automatically disappear because she would then not have been required to participate in WRA, however, you cannot assume that they will decide to do this and the time for a Tribunal in regard to the group she is in is significantly longer than that for a sanction adn the sanction will remain in place until it is overturned or complied with.

The DWP have decided that the information that you have sent them is insufficient for them to revise the Decision to place her in the WRAG, so unless you have any medical evidence that is significantly different from what you have already supplied, then you are wasting your time trying to get them to change their Decision, you need to concentrate on preparing a submission for the Tribunal hearing that shows that your sister meets the criteria for the SG.

The same applies to the current sanction, the DWP are sticking with their Decision, so you now need to get this overturned at a Tribunal.

The above comments do not apply to any new request by an advisor to do WRA, where you should provide information as to why she cannot comply.

Gordon