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What next?

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11 years 1 month ago - 11 years 1 month ago #100375 by Gareth56
What next? was created by Gareth56
If one is in the IB to ESA reassessment cohort and have submitted ones ESA50 plus letters etc what are the possible scenarios regarding the outcome? Is there a flowchart in a guide?

Ta

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Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago - 11 years 1 month ago #100382 by bro58
Replied by bro58 on topic What next?

Gareth wrote: If one is in the IB to ESA reassessment cohort and have submitted ones ESA50 plus letters etc what are the possible scenarios regarding the outcome? Is there a flowchart in a guide?

Ta


Hi G,

See : IB, IS, SDA, Migration to ESA FAQ’s

See also " Being transferred from incapacity benefit to employment and support allowance" :

Top link on this page :

ESA Claims Guides

Basically, you may be required to attend a Face to Face Assessment.

As a result of this, you may be found "Fit for Work", placed in The WRAG, or placed into The SG.

If they feel that they have enough evidence to assess you using paper scrutiny only, then you will not have to attend a F2F, and you can only be placed into The WRAG or SG as a result of paper scrutiny.

bro58
Last edit: 11 years 1 month ago by bro58.

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11 years 1 month ago - 11 years 1 month ago #100399 by Gareth56
Replied by Gareth56 on topic What next?
Ta Bro.

If you don't need a F2F assessment do they write to you or phone you to tell you which group you've been placed in?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago - 11 years 1 month ago #100401 by bro58
Replied by bro58 on topic What next?

Gareth wrote: Ta Bro.

If you don't need a F2F assessment do they write to you or phone you to tell you which group you've been placed in?


Hi G,

As a decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

Therefore, you should be notified "In Writing".

However, as you may be aware some claimant's are not receiving written Decision Notices, but at least you now have the relevant Regs to quote if you don't.

bro58
Last edit: 11 years 1 month ago by bro58.

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