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New-Style ESA: Challenging Decisions

There are different types of New-Style 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 (WCA50 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.

If the claimant wins their challenge...

  • They may be due some back pay. 
  • If they are owed a large amount, this could be paid in instalments if it is in the interests of the claimant and the claimant agrees - more info here.

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