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TOPIC: ESA

ESA 6 years 11 months ago #13526

i went for a medical 7months ago for esa i phoned esa up and asked why i havent had my results they said there is a back log but she said i can tell you that you fail not enough points i recive mobility and disability as i have degeneration of the spine they are makeing me go to pathways every month as well surely iam entiteld to more money iam confused as to what there playing at can anyone advise me thanks
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Re:ESA 6 years 11 months ago #13527

If I understand you post correctly you have failed the medical for ESA. If this is the case then you can appeal the decision by submitting a GL24. Now what I'm uncertain of, and I'm sure someone will clarify this, is whether you have to hear officially i.e. in writing that you have failed the WCA before you can subit a GL24 or whether you can submit a GL24 just on the strength of having been told over the telephone that you've failed the WCA. As I said someone with more expertise than I will confirm that.

In the mean time you can download the GL24 form from here.

GL24
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:ESA 6 years 11 months ago #13537

Gareth wrote:
If I understand you post correctly you have failed the medical for ESA. If this is the case then you can appeal the decision by submitting a GL24. Now what I'm uncertain of, and I'm sure someone will clarify this, is whether you have to hear officially i.e. in writing that you have failed the WCA before you can subit a GL24 or whether you can submit a GL24 just on the strength of having been told over the telephone that you've failed the WCA. As I said someone with more expertise than I will confirm that.

In the mean time you can download the GL24 form from here.

GL24

The communication of an adverse decision by telephone to a claimant is not acceptable or indeed legal.

All decisions whether adverse or otherwise must be given in writing, because if they are not, they have not been promulgated and have no legal force. The position as it stands is that because no written notification has been sent there is no decision to appeal, and therefore the original decision presumably to award ESA still stands.

In this situation, a claimant is still entitled to receive ESA until such time that a formal disallowance decision is given in writing, with the statutory right of appeal.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 11 months ago by Crazydiamond. Reason: Advice corrected.
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Re:ESA 6 years 11 months ago #13565

i thought so like i said 2months ago i was told i faild on points i have still had to go to pathways and they told me today my beniffit has stoped i will recive a letter tomorow they said what a joke they denide i was told on the phone about me failing the points scoring and i said well how do i no that i fail they say cant comment when i sent my original form in i sent the surgens letter i had it stated lower degeneration of spin and nerve impearment
someone hasnt looked at that letter i take it i dont no what will happen now i got appeal form today i have a bennifit adviser at a solicitors she one my appeal for DLA see what happens just befor xmas as well thanks
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Re:ESA 6 years 11 months ago #13610

i have been in touch with ESA they have reinstated my bennifit due to appeal i was talkin to this person and they told me that is it atos or something they have the right to over rule a doctor my sergeon and say iam fit for work when my doc says iam not so what there saying is if that person who conducted my med for ESA there findings count i just cant see how can anyone help
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