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12 years 6 months ago #68110 by carmind
ESA Tribunal was created by carmind
At an ESA Tribunal appeal, can the tribunal take away points that have already been awarded at the assessment stage?

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  • bro58
12 years 6 months ago #68117 by bro58
Replied by bro58 on topic Re:ESA Tribunal
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

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  • Andy
12 years 6 months ago #68124 by Andy
Replied by Andy on topic Re:ESA Tribunal
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

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