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Challenging Decisions
There are different types of ESA decisions that the claimant can challenge, for example:

  • A decision that they are fit for work and are therefore not entitled to ESA.
  • A decision that they are in the Work Related Activity Group, not the Support Group.
  • A decision that they do not have good cause for not returning, or missing the deadline for returning, the medical questionnaire (ESA50 form) or for failing to attend a medical examination and so they have been treated as fit for work and not entitled to ESA.
  • The application of a sanction or the period a sanction is applied for.

Click on the links below for more information.
            

Income whilst Challenging

What can be claimed? Depends on the situation!

Need to claim UC?

Will they need to claim UC?

Found Fit For Work

Information here on what to do if found fit.

Sanctions

Useful information on challenging sanctions here.

WRAG vs Support

Advice for those not happy about being put in the Work Related Activity Group.

Failure to Return/Attend

 What to do if not sent ESA50 or missed medical.

How to Challenge

 Information about the process here.

Case Law

You may find relevant cases here which you can quote when challenging a decision.