Worst Case Scenario

Hello,

I am currently appealing (5 months and counting) against a FTW decision, on migration from IB to ESA. In the event that I am ulltimately successful, and find myself placed in the WRAG, if I then decide to appeal again, to try to gain entry into the SG, I understand there is a small risk that I could lose my award entiirely and be deemed FTW again. In this worst case scenario, would I then be required to repay any WRAG monies I had received during this second appeal process?

Your clariification would be much appreciated.

Thank you.


Spridgett

Spridgett wrote: Hello,

I am currently appealing (5 months and counting) against a FTW decision, on migration from IB to ESA. In the event that I am ulltimately successful, and find myself placed in the WRAG, if I then decide to appeal again, to try to gain entry into the SG, I understand there is a small risk that I could lose my award entiirely and be deemed FTW again. In this worst case scenario, would I then be required to repay any WRAG monies I had received during this second appeal process?

Your clariification would be much appreciated.

Thank you.


Spridgett

Hi S,

If you are placed into The WRAG as a result of an automatic reconsideration by the DWP DM, due to your appeal, then yes you could then appeal this decision.

Is there any risk to challenging a decision?

If your appeal goes the full course to a Tribunal Hearing, the only way that you could appeal any subsequent decision, would be on an error of law, and this would be to the Upper Tier, see :

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

In either scenario, if you were in The WRAG whist appealing to The First Tier, or The Upper Tier, you would continue to receive payment for being in The WRAG, and would not have to pay anything back, even if you were unsuccessful or withdrew your appeal.

What will I be paid while I appeal?

If you are in receipt of CB ESA only, either at The Assessment Rate, or The WRAG rate, then you are only entitled to 365 days payment in total, before payments ceases, see :

12 Month Limit for ESA(CB)

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