Can you appeal the ESA component group you have been placed in when transferred from IB?

Hi,

If a client has been placed in the WRA group but clearly meets the criteria for the support group can they appeal this when they have only just been converted from IB/ IS and no medical has yet taken place.

We were thinking of asking the decision to be looked at again as the evidence is very strong.

If we appeal will the client then go down to the assessment rate pending the outcome of the appeal?

Note the client is on higher mobility and higher rate care DLA.

They have qualified for esa and have a limited capacity for work and so it won’t be an esa claim under appeal, paid at assessment rate, but just an esa appeal.  They should be paid their current rate and the decision will be regarding qualification for the support group.

I’ve had a few cases following ib re-assessment but they were given a favourable decision and did not reach the tribunal.

However, could the Tribunal do what they sometimes do in dla appeals and decide that there is no qualification at all.

Shaun