ESA decision -makers , advice.

So, Bro,
even tho' I've just been placed in the WRAG group (today), a tribunal/
or DM reconsideration could reverse that decision , and place me in SG, or put me in a WORK situation...without further
payments ( i.e. be told I'm fit to work ).
Is tHAT possible, the two
extremes?!

stepheneden wrote:

So, Bro,
even tho' I've just been placed in the WRAG group (today), a tribunal/
or DM reconsideration could reverse that decision , and place me in SG, or put me in a WORK situation...without further
payments ( i.e. be told I'm fit to work ).
Is tHAT possible, the two
extremes?!

Hi S,

There is some risk however small that a claimant awarded WRAG could be found fit for work, on revision or at appeal, however it is likely that for this to happen the claimant would have a face to face medical assessment first.

As it would seem that your request for reconsideration is to obtain SG status, this is obviously possible as well.

As I have already said, in a case where a claimant may be found "fit for work" at reconsideration or appeal hearing, none of the WRAG award payment received up until this decision would be repayable by the claimant.

bro58

so there ARE real risks to the claimant ,
requesting a second DM review, or Tribunal..
in terms of possible outcomes. So, why do people
receive advice TO appeal, if it's so fraught with
these potential financial dangers!!

stepheneden wrote:

so there ARE real risks to the claimant ,
requesting a second DM review, or Tribunal..
in terms of possible outcomes. So, why do people
receive advice TO appeal, if it's so fraught with
these potential financial dangers!!

Hi S,

B&W certainly do not advise claimants to appeal or ask for reconsiderations wholesale, unless the claimant obviously feels that they qualify for entry into the group of ESA that is relevant to their own limitations etc.

This is why I have been advising you to read our guides, and making you aware of any risk involved, however slight.

It would seem from this extract of your first post today, that you had already asked for a review/reconsideration. :


"I've been placed in the work-related group.
but have asked for the decision to be reviewd"

cheers

bro58

that's all tue..
i'll contact you next when I receive my papers
detailing the decision made, and the copy of the ATOS re-assessment I've requested.
What percentage of claimant get transferred to
SG ..ANY IDEAS. You ARE DOING A GREAT JOB.
I just want to be sure I take the right steps,
or accept I have just 1 year left on ESA!

stepheneden wrote:

that's all tue..
i'll contact you next when I receive my papers
detailing the decision made, and the copy of the ATOS re-assessment I've requested.
What percentage of claimant get transferred to
SG ..ANY IDEAS. You ARE DOING A GREAT JOB.
I just want to be sure I take the right steps,
or accept I have just 1 year left on ESA!

Hi S,

I am sorry, we do not have statistics as to how many claimants are put into the SG from WRAG on reconsideration/appeal.

Good luck.

bro58