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Mention sanction threat at ESA appeal?

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11 years 7 months ago - 11 years 7 months ago #111917 by k_dowell66
Mention sanction threat at ESA appeal? was created by k_dowell66
I have my appeal on Wednesday to be put in the support group of ESA rather than the WRAG. I have missed both my allocated WRAG appointments at the job centre due to being too ill on the day and have been threatened with sanctions if I fail to attend the next scheduled appointment which is this Thursday. I am wondering whether to mention this at the appeal. I have chronic fatigue syndrome and it is very difficult for me to attend appointments two days in a row (I need to rest for at least 48 hours between appointments) - so if I do not win the appeal I probably will end up getting sanctioned because there is a good likelihood I will be too fatigued after the appeal to attend the WRAG interview.

I am appealing on the basis that I meet descriptors 1, 9, 10, 11 12 and 13 because even though I can do all of these on occasion, I am unable to repeat any of the activities within a reasonable timescale.

I also have two specialists letters that state that work of any type or preparation for work would result in a deterioration of my condition.

Just wondering whether to mention the threat of sanctions or whether to leave that out?

Karen
Last edit: 11 years 7 months ago by Gordon.

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11 years 7 months ago #111921 by Gordon
Replied by Gordon on topic Mention sanction threat at ESA appeal?
KD

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Although the Tribunal cannot take account of your condition as it is today, only how it was at the time of the original Decision, I would mention that you have been unable to attend any of the appointments at the JC+, but I would be cautious about referencing the potential for sanction.

The Tribunal can only make a Decision in your favour because they believe you meet one or more of the Support Group descriptors, they cannot make a Decision that considers the risk of your being sanctioned if you are not placed in the SG.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: johno , k_dowell66

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11 years 7 months ago - 11 years 7 months ago #112474 by k_dowell66
Replied by k_dowell66 on topic Mention sanction threat at ESA appeal?
A big thankyou to everyone at Benefits and Work. I won my appeal to be moved from the WRAG group to the support group of ESA last Wednesday (for chronic fatigue syndrome) and the guides available on this site were so useful in preparing for the hearing. I was in the room for just 10 minutes. Such a relief!

Now I just have to prepare for my DLA appeal.
Last edit: 11 years 7 months ago by Gordon.

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11 years 7 months ago #112477 by Gordon
Replied by Gordon on topic Mention sanction threat at ESA appeal?

KD wrote: A big thankyou to everyone at Benefits and Work. I won my appeal to be moved from the WRAG group to the support group of ESA last Wednesday (for chronic fatigue syndrome) and the guides available on this site were so useful in preparing for the hearing. I was in the room for just 10 minutes. Such a relief!

Now I just have to prepare for my DLA appeal.


Congratulations on winning your appeal and thank you for your comments on the guides, I hope the next one is as easy.

Gordon

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

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  • del
11 years 7 months ago #112479 by del
Replied by del on topic Mention sanction threat at ESA appeal?
Excellent news KD, you can now relax, you must be so relieved, well done.

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11 years 7 months ago #112481 by slugsta
Replied by slugsta on topic Mention sanction threat at ESA appeal?
That is great news KD, thanks for letting us know. I hope that the DLA appeal goes equally well.

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