appealing WRAG could miss out on ESA?

Am I right, but I think I remember reading somewhere on this site that if you get placed in the WRAG group, and appeal to be placed in the support group, that if the appeal fails you could lose your WRAG benefit too? A friend of mine who attends the same therapy group weekly and admits himself that he does not struggle as much as I do, has just been migrated from IB to ESA and has been placed in the support group. As I have been in the WRAG group since September 2010, if my current claim is successful, I assume that I will be placed in the WRAG group again. If I appeal this to go into the support group, could I lose everything if the appeal fails?

Thanks

Mel wrote:

Am I right, but I think I remember reading somewhere on this site that if you get placed in the WRAG group, and appeal to be placed in the support group, that if the appeal fails you could lose your WRAG benefit too? A friend of mine who attends the same therapy group weekly and admits himself that he does not struggle as much as I do, has just been migrated from IB to ESA and has been placed in the support group. As I have been in the WRAG group since September 2010, if my current claim is successful, I assume that I will be placed in the WRAG group again. If I appeal this to go into the support group, could I lose everything if the appeal fails?

Thanks

Hi M,

There is some risk involved when appealing WRAG to SG, in that your whole claim will be looked at again. See here. :

Is there any risk to challenging a decision?

See here also. :

How to submit an appeal

See here re : qualifying for SG. :

Qualifying for the Support Group

Also as your WCA was last year, please be aware that the descriptors in the ESA50 changed at the end of March 2011.

You may wish to look at the most recent ESA50 here. :

Use Of The Interactive PDF Version Of The ESA50 Questionnaire

The guides on how best to complete this ESA50 03/11, are here. :

www.benefitsandwork.co.uk/help-for-claimants/esa

cheers

bro58

Mod Edit. : Answering same time as Gordon

Thanks gentlemen, will read all the information suggested.

If I am put in the WRAG group and decide to appeal to be placed in the support group, while I am appealing, will I still be paid WRAG ESA? - in other words, apart from the risk of losing an ESA award altogether, if I lose my appeal to be placed in the support group, and have to remain in the WRAG group, I won't lose out financially for at least trying?

Mel wrote:

If I am put in the WRAG group and decide to appeal to be placed in the support group, while I am appealing, will I still be paid WRAG ESA? - in other words, apart from the risk of losing an ESA award altogether, if I lose my appeal to be placed in the support group, and have to remain in the WRAG group, I won't lose out financially for at least trying?

Hi M,

If appealing WRAG to SG, you are paid WRAG ESA rate whilst appealing, (taking the risk that you mention into account)right up until the tribunal hearing, or prior to that, if the decision is changed at the reconsideration stage.

If for some reason, you were found fit for work at the tribunal hearing, therefore losing your WRAG award, you would not have to pay back any of the WRAG rate ESA that you had received in the run up to the adverse tribunal decision.

Of course if your appeal for SG was granted, then the award would be backdated to the date of the original WRAG decision that you appealed.

bro58