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Challenging a decision to place client in WRAG
My client was found fit for work and we asked for a MR. The decision was not changed so we appealed and lo and behold JCP decided to place her in the WRAG. I asked for a MR to place her in the Support Group. She got a phone call saying that she would have to lodge an appeal, not ask for a MR. Surely this is incorrect. The Tribunals service have lapsed her original appeal because it was in her favour. Surely, they will not accept an appeal without an MR on the support group issue?
Val
I don’t see any reason why she could not request another revision/reconsideration however as she has been given the MR decision notice she could appeal directly to the Tribunal. I guess the DM is unlikely to change the decision further so probably worth appealing?
The appeal is against the original decision - the subsequent revisions/reconsiderations extend the time limit to lodge the appeal.
You need to make a fresh appeal once the decision has lapsed; see reg 30(3) SS(Decisions and Appeals) regs. You’ve got a period of one month to make further representations on the appeal lapsing although that could be extended by the FtT.
Maybe worthwhile trying a supercession if there has been deterioration.
Maybe worthwhile trying a supercession if there has been deterioration.
An appeal will likely be quicker; supersession will likely involve another ATOS referral.