WFI while appealing

Has anyone had any joy with arguing that WFI should be waived or deferred whilst appeal ongoing?

on what basis?

That they are too ill to attend - hence they’re appealing a rubbish decision!!

Deferred maybe. You’d have to have good grounds because I’d say at a guess most people claiming ESA are ill.

I suppose the sticking point may come if there is evidence that the person goes to doctors/hospital appointments, shopping or other things.

The argument would be that the WFI’s take into consideration a persons illnesses.

A letter frm the GP might help. Similarly if the claimant attends the initial WFI the DWP may themselves regard deferment as appropriate

I advise clients to attend if they can or request in-home if they can’t and get medical evidence to prove. In many cases client’s have scored 15+ points and had ESA reinstated which is golden evidence to use in original appeal hearing. Original decision then supercedes latter.

Hope this helps :)

we were advised by JC+ regional office that WCA process will not start again (issue of ESA50) for at least 3 months following a sucessful appeal hearing. They are also considering whether WFI should be ‘suspended’ while an appeal is pending. We understand these procedural changes will be rolled out once agreed - possibly region by region?. These are only procedural changes and do not require legislation. It may be worth checking what the position is in your JC+ region. The cynic in me thinks this may be a way of JC+ coping with the sheer volume of ESA claims & appeals?!

Thanks for replies - have Emailed contact at our local BDC for more info - will share with you all if useful!!!

Our local JC+ has said clients have to attend work focused interviews whilst appealing.