- Posts: 201
× Members
ESA WRAG SANCTIONS
- Asbo
- Topic Author
- Offline
Less More
13 years 3 months ago #92151 by Asbo
Replied by Asbo on topic Re:ESA WRAG SANCTIONS
Yes, I think he's wondering about the Support Group, but he's been in the WRAG for some months. Can he still appeal now to go into the Support Group?
Many thanks
Many thanks
- bro58
13 years 3 months ago - 13 years 2 months ago #92153 by bro58
Replied by bro58 on topic Re:ESA WRAG SANCTIONS
Asbo wrote:
Hi A,
A late appeal may be allowed. upto 13 months after an adverse decision, if "Good Cause" for this can be shown.
Have a read of the GL24 which can be downloaded from the link on this page : How to submit an appeal
Or he could ask for a supersession, (Review) if his condition has deteriorated or he suffers from new conditions, that he feels now qualify him for SG entry.
If a review is requested his award will be looked at again. so there is some risk to his WRAG award, and the "burden of proof" (proving it) will be on him.
See also :
Qualifying for the Support Group
bro58
Yes, I think he's wondering about the Support Group, but he's been in the WRAG for some months. Can he still appeal now to go into the Support Group?
Many thanks
Hi A,
A late appeal may be allowed. upto 13 months after an adverse decision, if "Good Cause" for this can be shown.
Have a read of the GL24 which can be downloaded from the link on this page : How to submit an appeal
Or he could ask for a supersession, (Review) if his condition has deteriorated or he suffers from new conditions, that he feels now qualify him for SG entry.
If a review is requested his award will be looked at again. so there is some risk to his WRAG award, and the "burden of proof" (proving it) will be on him.
See also :
Qualifying for the Support Group
bro58
Last edit: 13 years 2 months ago by bro58.
- Asbo
- Topic Author
- Offline
Less More
- Posts: 201
13 years 3 months ago #92155 by Asbo
Replied by Asbo on topic Re:ESA WRAG SANCTIONS
Many thanks, bro58. I'll pass on that and have a look at the links. Thanks so much for your help.
- fedup90
13 years 2 months ago #92260 by fedup90
Replied by fedup90 on topic Re:ESA WRAG SANCTIONS
If someone got points at an ATOS assessment for the descriptor "Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person."
Could they refuse to go to a work programme appointment with a company such as A4E and not be sanctioned. Surely if they were to go this would be used against them at a future Atos work capability assessment.
Could they refuse to go to a work programme appointment with a company such as A4E and not be sanctioned. Surely if they were to go this would be used against them at a future Atos work capability assessment.
- slugsta
- Offline
Less More
- Posts: 9439
13 years 2 months ago #92269 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA WRAG SANCTIONS
fedup90 wrote:
This question has been asked (and answered) on another thread.
If someone got points at an ATOS assessment for the descriptor "Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person."
Could they refuse to go to a work programme appointment with a company such as A4E and not be sanctioned. Surely if they were to go this would be used against them at a future Atos work capability assessment.
This question has been asked (and answered) on another thread.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Gordon
- Offline
Less More
- Posts: 51284
13 years 2 months ago #92271 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA WRAG SANCTIONS
fedup90 wrote:
Any Work Related Activity that your JC+ advisor wishes to include in your "plan" must be consistent with your underlying health conditions.
However, given that the Going Out descriptor, and its highest scoring sub-descriptor "Cannot get to any specified place with which the claimant is familiar", does not result in Support Group placement, there is a clear dichotomy between this and attending your JC+, which the ESA Regulations do not address.
Gordon
You raise an interesting point.If someone got points at an ATOS assessment for the descriptor "Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person."
Could they refuse to go to a work programme appointment with a company such as A4E and not be sanctioned. Surely if they were to go this would be used against them at a future Atos work capability assessment.
Any Work Related Activity that your JC+ advisor wishes to include in your "plan" must be consistent with your underlying health conditions.
However, given that the Going Out descriptor, and its highest scoring sub-descriptor "Cannot get to any specified place with which the claimant is familiar", does not result in Support Group placement, there is a clear dichotomy between this and attending your JC+, which the ESA Regulations do not address.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: bro58, Gordon, latetrain, BIS, Catherine12345, Chris, David, Keely