Lose Your WRAG If You Appeal

[Deleted User]

I have just been to a tribunal last week for ESA and was awarded 18 points and placed into the WRAG Group.

I have read several posts on various different sites and it people say that you are allowed to appeal this and try and be placed into the support group.

However, all these posts say that, if you appeal the WRAG decision and you are NOT successful, there is also the chance that you may end up losing your WRAG and ESA. Is this true????

[Deleted User]

I dont see how they can remove the 18 points once an appeal has decided on that

Katykat

I'm not sure if it is possible to appeal the decision that the tribunal has made. If it is, I'm sure someone will know

[Deleted User]

yiu can only appeal the tribunal on a point of law,however i`m not sure if that applies when appealing wrag and expecting sg

Billy_two_speakers

Deleted_User wrote: »

I have just been to a tribunal last week for ESA and was awarded 18 points and placed into the WRAG Group.

I have read several posts on various different sites and it people say that you are allowed to appeal this and try and be placed into the support group.

However, all these posts say that, if you appeal the WRAG decision and you are NOT successful, there is also the chance that you may end up losing your WRAG and ESA. Is this true????

any request for a review or appeal can cause the loss of benefit be it dla or esa

a tribunal decsion can only be appealed on a point of law to an upper tribunal within i think 4 weeks

if you get permission to appeal which i doubt, if there is a chance they decide to stop your esa the upper tribunal call a halt and offer you a chance withdraw your appeal

Cpt.Scarlet

You can only appeal on an error of law in the original tribunal's proceedings.

The first stage of this is to request a written Statement of Reasons, from which you will have to identify the error, this has to be done within one month of the decision.

If your appeal is accepted, and it may not be, then a Upper Tribunal Judge will look at your case and if they agree that there has been an error they will overturn the decision and order a new tribunal to hear your case, usually with a direction as to what the error was.

Best estimate is at least a year for this to happen.

As a tribunal re-makes a decision, they can return any decision that the original maker could, this includes a Fit for Work decision. It may be unlikely, but it does happen.

benefitbaby

Cpt.Scarlet wrote: »

If your appeal is accepted, and it may not be, then a Upper Tribunal Judge will look at your case and if they agree that there has been an error they will overturn the decision and order a new tribunal to hear your case, usually with a direction as to what the error was.

An UT judge can also make a decision if he/she feels there are sufficient facts before them without remitting back to a new FtT. I have had this happen for some of my clients luckily they have all been increases however in theory an UT judge could reduce an award if the facts did not bear out an award of WRAG.

Cpt.Scarlet

benefitbaby wrote: »

An UT judge can also make a decision if he/she feels there are sufficient facts before them without remitting back to a new FtT. I have had this happen for some of my clients luckily they have all been increases however in theory an UT judge could reduce an award if the facts did not bear out an award of WRAG.

Of course they can, but in the vast majority of cases they don't.