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Can WFI be used against appeal?
- chris
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12 years 3 months ago - 12 years 3 months ago #95315 by chris
Can WFI be used against appeal? was created by chris
My wife is appealing to move from the ESA WRAG to the SG. Her appeal has been acknowledged. She’s now got a WFI appointment. After reading the WFI posts and answers on this forum, I rang the job centre. They said they couldn’t defer the WFI on the basis of the on-going appeal, but they could defer it if my wife would have difficulty attending on the date. I think they were saying that in that case they’d defer the WFI until the appeal decision. I said she would have difficulty attending on the date because of a temporary viral illness (to which she is susceptible). I’m waiting for them to call back.
But if my wife does have to be interviewed before the appeal hearing, what I’m wondering is this: if she inadvertently says or does something at the interview that they think contradicts what she’s said in her ESA application, or if they claim that she’s done that, could they use that as evidence against her appeal? If so, could the interview be recorded?
But if my wife does have to be interviewed before the appeal hearing, what I’m wondering is this: if she inadvertently says or does something at the interview that they think contradicts what she’s said in her ESA application, or if they claim that she’s done that, could they use that as evidence against her appeal? If so, could the interview be recorded?
Last edit: 12 years 3 months ago by Gordon.
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- tomdavis
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12 years 3 months ago #95319 by tomdavis
Replied by tomdavis on topic Re:Can WFI be used against appeal?
Same here chris im in the same boat short and curlies come to mind .
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- Gordon
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12 years 3 months ago #95322 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Can WFI be used against appeal?
chris wrote:
You don't say where you are in the process, Reconsideration or Appeal, but once the DWP have passed your papers onto the Tribunal Service, they would not normall be allowed to add further information.
The Tribunal can only consider matters that directly relate to the time of your wife's assessment, so as an example; if she said she was feeling much better in a WFI, this would not be something that a Tribunal could consider.
As far as I am aware there are no procedures for the recording of a WFI, however, you are entitled to make a covert recording for your own use.
I hope this helps.
Gordon
JC+ advisors are not part of the Decision making team, and therefore would not have input to any appeal process.My wife is appealing to move from the ESA WRAG to the SG. Her appeal has been acknowledged. She’s now got a WFI appointment. After reading the WFI posts and answers on this forum, I rang the job centre. They said they couldn’t defer the WFI on the basis of the on-going appeal, but they could defer it if my wife would have difficulty attending on the date. I think they were saying that in that case they’d defer the WFI until the appeal decision. I said she would have difficulty attending on the date because of a temporary viral illness (to which she is susceptible). I’m waiting for them to call back.
But if my wife does have to be interviewed before the appeal hearing, what I’m wondering is this: if she inadvertently says or does something at the interview that they think contradicts what she’s said in her ESA application, or if they claim that she’s done that, could they use that as evidence against her appeal? If so, could the interview be recorded?
You don't say where you are in the process, Reconsideration or Appeal, but once the DWP have passed your papers onto the Tribunal Service, they would not normall be allowed to add further information.
The Tribunal can only consider matters that directly relate to the time of your wife's assessment, so as an example; if she said she was feeling much better in a WFI, this would not be something that a Tribunal could consider.
As far as I am aware there are no procedures for the recording of a WFI, however, you are entitled to make a covert recording for your own use.
I hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- chris
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12 years 3 months ago #95336 by chris
Replied by chris on topic Re:Can WFI be used against appeal?
it's at the reconsideration stage,so the papers haven't gone to the tribunal yet. The WFI appointment's next week.
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