- Posts: 51287
ESA WRAG Sanctions.
- Chiccle
- Topic Author
Now, I've been having my WFI's over the phone. But having had a recent setback in my illness, I've been told that because I'm not being seen to make continuous progress, so I could face sanctions.
I just find this unbelievable to be honest. Punishing people for being ill, it's just ridiculous.
Are they able to do this?
Oh how I wish I had appealed!
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- Gordon
- Offline
Chiccle wrote: I was placed in th WRAG group around 6/7 months ago. I should never have been put in that group, but having been through an appeal before, I just couldn't face it again, so accepted the decision.
Now, I've been having my WFI's over the phone. But having had a recent setback in my illness, I've been told that because I'm not being seen to make continuous progress, so I could face sanctions.
I just find this unbelievable to be honest. Punishing people for being ill, it's just ridiculous.
Are they able to do this?
Oh how I wish I had appealed!
As a member of the WRAG, you are required to participate in WFIs and Work Related Activity, any activity must take into account any limitations resulting from your condition(s), however, failure to participate can result in the sanctioning of your benefits. See
Changes to ESA Sanctions
It is possible for you to make a late Appeal up to 13 months after the original Decision and you will need to provide Good Cause as to why it is late.
Alternatively, if your condition has deteriorated you can request a SuperSession to have your claim re-assessed.
Obviously, in both cases you need to show that you meet the criteria for the Support Group
Qualifying for the Support Group
To appeal
How to submit an appeal
To ask for a SuperSession, you just write to the DWP office dealing with your claim, you will need to provide evidence of the deterioration that post dates the previous Decision.
You also need to be aware of the following
Is there any risk to challenging a decision?
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
Our ESA Appeal guide is on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Chiccle
- Topic Author
I have done everything asked of me so far, but just because I've had a few bad weeks, they are now talking about sanctions.
I may put a late appeal in. Maybe I can explain how I'm struggling with the WRAG expectations.
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- Gordon
- Offline
- Posts: 51287
Chiccle wrote: Thanks.
I have done everything asked of me so far, but just because I've had a few bad weeks, they are now talking about sanctions.
I may put a late appeal in. Maybe I can explain how I'm struggling with the WRAG expectations.
To be clear, an appeal can only deal with your condition as it was at the time of the Decision, so unless you can show that the problems that you are now having, would also have applied at that time, they will be excluded by the Tribunal panel.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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