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 (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.

 

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.