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12 years 4 months ago #93352 by Gordon
Replied by Gordon on topic Re:ESA
FRANCISCO wrote:

Hello again

My gf had her appeal back on 3rd october and it was decided the appeal was allowed which was a relief, the thing is her condition (she suffers chronic lower back pain for over 2 years) prevents her from standing or sitting for more than 10 minutes. The letter from the court arrived the other day informing her she's been she's been put in the work related group and I don't know if its a good thing or not so my question is is it advisable to appeal against this decision or not? I understand she has to go to a certain number of interviews a year but what happens if she has a really bad day and cant get out of bed and is unable to go to an interview, do they stop her money? Will she eventually be put in the support group?

Any pointers will be gratefully received!

Thanks
Francisco

She can't appeal a Tribunal Decision because she think she should be in the Support Group, only if she can show that there was an Error of Law in the proceedings.

What is an Error of Law?

If she believes this is the case then she will need to get face to face advice from someone with specific experience in appealing to the Upper Tribunal, it is not something that B&W can advise on.

With regard WFIs, the first thing is to have a look at the following FAQ

Work Focussed Interviews

She also needs to be aware that she could be forwarded to the Work Programme.

Work Programme

Failing to attend a WFI or Work Related Activity can lead to sanctions against her weekly payments, currently 50% or 100% of the Work Related Activity component, however, it is possible that the amount may increase in the future.

If her condition has deteriorated since the original Decision, and she will need to provide specific evidence to this effect, then she can request a Supersession (re-assessment) of her claim, as always there is a risk to her existing award by her doing this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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