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ESA appeal

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6 years 11 months ago #185918 by Jox
ESA appeal was created by Jox
I need advice as to how to maximise my chances of being sucsessful .i am currently in WRAG group,following my request to put in support group at mandatory reconsideration was turned down.
There are two possible grounds for appeal( WRAG to support group) firstly exceptional circumstances ( strongest grounds)
Secondly- I have a total of 15 points,of which 9 are scored on the mobilisation criterion.
My question, should I also appeal on this ground or just pursue exceptional circumstances. I am in acute and constant pain and crippling fatigue from fibromyalgia and degenerative spine disease. I had submitted letters from consultant and GP explaining this to no avail. My ESA runs out at end of May,I guess I have to then attempt to sign on!
My appeal form has to be in by 14th April.

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6 years 11 months ago #185985 by Gordon
Replied by Gordon on topic ESA appeal
V

Welcome to the forum.

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If you think that you should meet the 50m requirement for Moving Around then I would appeal this as well as the Substantial Risk.

You say your ESA runs out in May, do you mean that your ESA(CB) payments will stop due to the 365 day rule?

If you close your claim, I assume to claim JSA instead, then you are undermining your appeal as any revised award for the SG will only be paid until the day that that you closed your claim. You may be able to use the 12 week linking rule to allow you to make a rapid reclaim, but there is every chance that the DWP will then reassess you.

Have you looked at whether you would be entitled to Income Related ESA?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jox

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6 years 11 months ago #186012 by Jox
Replied by Jox on topic ESA appeal
Yes my ESA WRAG payments stop due to the 365 rule.im unable to claim income related ESA as live with partner who earns above threshold.
I know appeals take ages so do I just receive nothing,until my appeal is heard and hopefully won?

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6 years 11 months ago #186053 by Gordon
Replied by Gordon on topic ESA appeal

Veronica landon wrote: Yes my ESA WRAG payments stop due to the 365 rule.im unable to claim income related ESA as live with partner who earns above threshold.
I know appeals take ages so do I just receive nothing,until my appeal is heard and hopefully won?


Appeals are taking 3-4 months on average. Based on your posts you would not be eligible for any payments after May, but would receive back payment and on-going payments if placed in the Support Group.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #186579 by Jox
Replied by Jox on topic ESA appeal
Sorry,a few more questions regarding my appeal.
Can I submit a GP letter AfTER I've submitted my appeal form? My deadline is approaching and I still haven't received GP letter!
Is there any benefit in sending my mandatory reconsideration request letter with appeal form?
Although your guide doesn't recommend sending medical evidence already sent with MR request,I'm intending to do so,to make sure it's attached to the apeal. But most importantly because I'm appealing on the grounds of regulation 35 ( exceptional circumstances) which was not the basis on which I requested mandatory reconsideration. Would you please give me your views on the above. Many thanks.

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6 years 11 months ago #186581 by Gordon
Replied by Gordon on topic ESA appeal
Jox

Yes you can send a GP letter after you have submitted your appeal, the only thing to be aware of with anything new is that it must be clear that it references your conditions as they were at the time of the Decision appealed, any changes since then are excluded from the appeal and you do not want the panel to think this applies to your letter.

I would hang off sending the information you send as part of the MR, once the DWP have received your request for appeal from the TS they will prepare their own submission for the hearing (you will receive a copy of this), this will include all of the documents used in the making of the original Decision and the MR and should therefore include the information you sent for the latter. It will save you another lot of postage.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jox

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