Appealing WRAG Whilst on the Work Programme.

~Thingamajig~

As the title says I'm going to appeal my WRAG placement. The problems is I've read that you're exempt from the Work Programme whilst appealing. Yet....I'm being forced into signing forms which essentially form a contact with them and me. Can I say I won't be signing them as I'm appealing? Because what is concerning me is that once I sign they won't adhere to the expemption whilst appealing.

Thanks.

~Thingamajig~

Q. When can customers appealing against decisions on ESA be referred to the Work Programme?

A. Claimants appealing against their work Capability Assessment (WCA) outcome are exempt from the Work Programme until the appeal outcome is known. The appeal outcome determines their eligibility point for referral to the Work Programme. If, as a result of the appeal they fall within one of the mandatory referral points the customer will be referred at the relevant point based on their prognosis (this could be immediately)

The above is what I found on the issue.

However they are expecting me to sign before I've sent the appeal off. Does this change things?

stevemLS

Surely if you haven't sent the appeal off, so far as the DWP are concerned, the decision is not subject to appeal, hence the referral?

~Thingamajig~

I only found out I had been placed in the WRAG when I got notification of the work Programme. So I wasn't given chance to appeal. Hence why I'm doing it now. However I'm thinking that once I sign the forms the exemption won't stand.

~Thingamajig~

Oh and I sent off a reconsideration request as soon as I found out. Do I appeal once the reconsideration request is dealt with? I rang them and they said there was a backlog, but I'm aware of the month to appeal. Does this start after the reconsideration response?

(Sorry for all the questions!)

KxMx

Once (if) you get notified the reconsideration has failed, the clock will re-set and you'll have a month from the date of that letter to appeal.

I do not know whether a reconsideration will exempt your from the WP because it is not a formal appeal.

epitome

Have you got an appeal form from the jobcentre? GL24, if not you can pick one up on Monday or down load it here
https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

You should appeal now.
You should appeal within 1 month of the date of the decision or put your reasons for late appeal onto the GL24.
You should phone ESA and ask for an appointment at your jobcentre ASAP to have your completed GL24 Email/Fax/HoTTed to your ESA BDC with a request for callback to confirm receipt.

You will then be on appeal and exempt from Work Program.

jacques_chirac

You were aware that you were in the WRAG in January. When did you submit your reconsideration request?

~Thingamajig~

jacques_chirac wrote: »

You were aware that you were in the WRAG in January. When did you submit your reconsideration request?

I've completed another ESA50 form since then Sherlock.

~Thingamajig~

epitome wrote: »

Have you got an appeal form from the jobcentre? GL24, if not you can pick one up on Monday or down load it here
https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

You should appeal now.
You should appeal within 1 month of the date of the decision or put your reasons for late appeal onto the GL24.
You should phone ESA and ask for an appointment at your jobcentre ASAP to have your completed GL24 Email/Fax/HoTTed to your ESA BDC with a request for callback to confirm receipt.

You will then be on appeal and exempt from Work Program.

Thanks! Very helpful. I have the GL24 I rang them and got them to send me one out. I just didnt know how it worked once I'd put in a reconsideration.

So should I not sign these forms then once the appeal is lodged?

It just seems a bit odd lodging an appeal whilst I've had no response to the reconsideration if that makes sense.

jacques_chirac

~Thingamajig~ wrote: »

I've completed another ESA50 form since then Sherlock.

If you were in the WRAG before and did not appeal it, you will need to demonstrate how your condition has worsened since this decision was made.