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esa reconsideration appeal

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7 years 8 months ago #162373 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
yes Gordon but i am in N.Ireland the new set up didnt start here until 23May2016,so technically my letter of what group i was in was still under the old rules( Feb 16)

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7 years 8 months ago #162394 by slugsta
Replied by slugsta on topic esa reconsideration appeal

helen1234 wrote: yes Gordon but i am in N.Ireland the new set up didnt start here until 23May2016,so technically my letter of what group i was in was still under the old rules( Feb 16)


Ah. It's always worth reminding us that you are in NI as the majority of our members are on the mainland.

As you say, the need to have a MR only applies to decisions on or after 23 May 2016 so you can go straight to appeal if you wish.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #162401 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: yes Gordon but i am in N.Ireland the new set up didnt start here until 23May2016,so technically my letter of what group i was in was still under the old rules( Feb 16)


I'm afraid the procedure for N. Ireland may be even more prolonged.

You need to complete a GL24 appeal form, do an internet search for the form.

This needs to be sent to the DWP, not the Tribunal Service!

Our experience, historically, is that the DWP will do another Reconsideration and if that fails to provide a more advantageous Decision, they will then submit your appeal to the Tribunal Service. This second Reconsideration could be very quick, a day or two, or it could be very long if they put it into a pile with a load of other requests.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #163631 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi Gordon ,when i received the letter in Feb16 to say i had been placed in the wrag group they said i would have attend work related interviews ,as of yet i have not been sent any requests ,is this because the very first time i was changed over from IB to ESA (about 2 years ago ) i atten ded one such interview and the lady in question said i was not fit to be there and she did not want to see me again for a further 3 years ,if so would this help my MR if i was to let the desicion maker know

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7 years 8 months ago - 7 years 8 months ago #163646 by slugsta
Replied by slugsta on topic esa reconsideration appeal
Hi Helen,

It is down to the local JobCentre to send out appointments for Work Focused Interviews. Some seem to be keen to see people, others less so. I don't know what their protocols are.

The fact that you were previously told that you would not be called again probably won't help with this claim. We often hear from people who are told by the JC+ advisor that they are 'too ill' for Work Focused Activities but who don't meet the Support Group criteria.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by slugsta.

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7 years 6 months ago #167335 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi gordon ,its been 3 months from i asked for a reconsideration to be put into support group instead of wrag,what i want to know is seeing as i have started the ball rolling towards an appeal if my reconsideration doesn`t work will i still be put off esa when my 365 days end at the end of oct16,or will i stay on until my appeal is heard ,by the way i am in n.ireland and they still have not come to an agreement over the legalities of the substantial risk element

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