awaiting esa appeal, new ESA50 on doormat

Hello, can anyone tell me whether Atos can reassess me while I'm awaiting an appeal? I was placed in the WRAG group in Sept 2011. When my Personal adviser interview came up the Jobcentre lady advised me to appeal to be in the support group as my personal circumstances (lone parent with pre-school age child as well as health condition) make it unreasonable to expect me to undertake work related activity. My appeal was accepted by phone on 4th Jan. Meanwhile a new ESA50 has arrived dated 3rd Jan. I assumed the reassessment process would be overturned once the appeal is lodged in system, but apparently no, I still have to fill in the new ESA50. Is this right?
Thank you for your help.

Val wrote:

Hello, can anyone tell me whether Atos can reassess me while I'm awaiting an appeal? I was placed in the WRAG group in Sept 2011. When my Personal adviser interview came up the Jobcentre lady advised me to appeal to be in the support group as my personal circumstances (lone parent with pre-school age child as well as health condition) make it unreasonable to expect me to undertake work related activity. My appeal was accepted by phone on 4th Jan. Meanwhile a new ESA50 has arrived dated 3rd Jan. I assumed the reassessment process would be overturned once the appeal is lodged in system, but apparently no, I still have to fill in the new ESA50. Is this right?
Thank you for your help.

Hi Val

In order to appeal you need to complete a GL24 form, within the time limit, relying on a phone call appeal is not recommended.

Regards the rest of your question, you might find the answer in the spotlights above, or the Members Only orange section. Unfortunately we do not operate an online Advice Service.

Michael

Hi Michael, thanks for your reply. I did make my appeal in writing and phoned up on 4th Jan to see if it had been received. The answer was yes it had been received and my appeal lodged.

I just wanted to know whether it is right that you can be re-assessed while awaiting the result of an appeal.

I have looked in your forum but not found an answer to this question.

Thank you.

Val wrote:

Hello, can anyone tell me whether Atos can reassess me while I'm awaiting an appeal? I was placed in the WRAG group in Sept 2011. When my Personal adviser interview came up the Jobcentre lady advised me to appeal to be in the support group as my personal circumstances (lone parent with pre-school age child as well as health condition) make it unreasonable to expect me to undertake work related activity. My appeal was accepted by phone on 4th Jan. Meanwhile a new ESA50 has arrived dated 3rd Jan. I assumed the reassessment process would be overturned once the appeal is lodged in system, but apparently no, I still have to fill in the new ESA50. Is this right?
Thank you for your help.

Hi V,

When you were placed in the WRAG of ESA, in September 2011, it is quite possible, that your length of award, (prognosis) was 3 or 6 months.

You would only know the length of said award by viewing your ESA85 medical report if you actually had a face to face, or your ESA85A if you didn't have a face to face. See :
ESA medical – what forms to ask for?

And :

ESA Forms

If you have received your Appeals Bundle from the DWP, they should be within that, if not you can request them.

So unfortunately it is possible to be re-assessed whilst awaiting an appeal.

With regards to Work Related Activity,and any exemptions from this or attending WFI's, see here :
Work Programme

And :

Work Focussed Interviews

As you will see, lone parents with a child under 5 years old are exempt.

Here is the actual legislation, at 3. (2) (b) :
www.legislation.gov.uk/ukdsi/2011/9780111507476/part/2

bro58

Thank you, that is very helpful about the regulations exempting WRAG claimants from WFI. I didn't know about them and apparently neither did my Personal Adviser at the Job Centre. It was she who advised me to appeal for the support group saying it was the only way I could get out of WFIs.

Looks like I need to withdraw my appeal as my condition is not severe enough to qualify for the support group on health grounds alone. It was the lone parent of child under 5 issue that is preventing me from work related activity.

Which means back to the joys of ESA50 after all...

Thank you very much for your help

Val wrote:

Thank you, that is very helpful about the regulations exempting WRAG claimants from WFI. I didn't know about them and apparently neither did my Personal Adviser at the Job Centre. It was she who advised me to appeal for the support group saying it was the only way I could get out of WFIs.

Looks like I need to withdraw my appeal as my condition is not severe enough to qualify for the support group on health grounds alone. It was the lone parent of child under 5 issue that is preventing me from work related activity.

Which means back to the joys of ESA50 after all...

Thank you very much for your help.

Hi V,

A claimant would never obtain Support Group status due to family commitments etc.

SG status can only be obtained by either fullfiling the relevant SG descriptors, or the SG Exceptional Circumstances.

See :

Qualifying for the Support Group

And : ESA Guides

bro58