ESA Tribunal

At an ESA Tribunal appeal, can the tribunal take away points that have already been awarded at the assessment stage?

carmind wrote:

At an ESA Tribunal appeal, can the tribunal take away points that have already been awarded at the assessment stage?

Hi C,

Yes there is some risk involved.

When a tribunal reviews an appeal pertaining to an adverse decision, they can alter the original decision for the worse.

e.g. If a claimant was appealing a decision to be put in to the WRAG, to be put into the support group, the Tribunal could find that the claimant was actually fit for work, therefore no longer entitled to WRAG.

A claimant cannot be found fit for work though, without first having a face to face assessment.

cheers

bro58

carmind wrote:

At an ESA Tribunal appeal, can the tribunal take away points that have already been awarded at the assessment stage?

Hi, Carmin

It's not clear from your question, but have you been awarded 15+ points and put in WRAG but believe you should be in Support Group? Because if you've got less than 15 points, you've nothing to lose by appealing.

The risks of appealing are covered on page 4 of the Appeals Guide. There is also a lot of other good stuff in there!

You can download from here: www.benefitsandwork.co.uk/help-for-claimants/esa