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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

WFI etc when under appeal for the Support Group

Pete C
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Pete at CAB

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Total Posts: 556

Joined: 18 June 2010

I have been trawling through the DMG but I can’t find a definitive answer to this one and I wondered if anyone can shed any light…....

Client is in the WRAG and has had a number of interviews. They have now asked for an appeal for the Support Group. This appeal is not particularly sound given that the claimants condition has worsened since the date of decision which was a year ago. They are worried that if they withdraw the appeal the interviews wil start again, but I can’t find anything in the DMG that even says they should stop while the appeal is pending, never mind start again if the appeal is withdrawn.

My client has just had another medical anyway and I imagine that the interviews will re start in any case as per DMG 53010

Any thoughts or experiences welcome

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

The interviews will continue anyway until the decision to place (or not) in the Sg is determined.
I put an appeal in on the 1st December 2011 for a client and although receipt of the appeal is confirmed no decision has yet been made. My client has just been informed he has a WFI on 31st May 2012 even though JC+ acknowledge he has an appeal in. Luckily my client has an understanding adviser at the Jobcentre and he is prepared to do a WFI over the phone and will continue to do so until DM/Tribunal overturn.

iut044
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Welfare Benefits Adviser, West Lancs Disability Helpline, Skelmersdale

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Joined: 17 June 2010

WFI can be deferred at the descretion of the job centre.