Esa - wrag

Hayleigh

After getting a letter back from the tribunals service, I have been put into the work related activity group. For the last three years I have been in the support group.
I just spoke to someone in the call centre to ask if I can appeal to be put back in the support group or do I need to wait for the letter from DWP confirming which group I am in and she said I can't appeal now, that decision is final.
Does anyone know if that is true? I really don't know how I am going to get to the interviews if thats the case and I'm getting rather worried now.
Thanks for any help. :sad:

rogerblack

I am assuming for the moment that you have appealed a decision in the past and had a decision made by the tribunals service without you attending in person.

You can in some circumstances appeal this decision to the upper tribunal - but only in very limited circumstances - for example, if there has been an error of law made.
You cannot appeal decisions of fact - for example, if the judge came to a decision that the majority of people would disagree with - as long as some people would agree with it, and it complies with the law, and there are reasons why he came to this decision.
You would need to write to the tribunal and request a statement of reasons.

You cannot otherwise appeal this decision.
If your condition has worsened since the decision was made that you went to appeal on, you can report that, and that would lead to a new decision, with seperate appeal rights.

Interviews can vary.
It depends on the attitude of the staff, and possibly the work programme provider.
I have been on ESA in the work-related group for around 4 years.
I went to 3 work-related interviews at my local jobcentre - which were around 15 minutes long, then was referred to the work program. The work program provider called me twice, for around 3 minutes each time, over the two years.
I have subsequently had two by-phone WFIs from my local jobcentre, which lasted around 2 minutes.

It depends on what the staff interacting with you believes is appropriate.
This can be anywhere from requiring you do 8 hour work, to basically nothing - as above.