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TOPIC: Help with appeal please!

Help with appeal please! 6 years 10 months ago #13696

I have recieved 0 points on my medical assessment so am going to appeal.
Read the advice on this site (as follows) and have become a little confused.
Should I just send a reworded version of this statement with a couple of examples?
Or do I need to send a full case arguing my position straight away?
The time limit is daunting with christmas looming. Would be grateful for any help!

What the site said...

Where no award has been made, the explanation below should be sufficient.
I wish to appeal against the decision that I do not have limited capability for work. I consider
that I provided enough evidence for a finding to be made that I do have limited capability for
work [if you think you should be in the support group add the words ‘and limited capability for
work-related activity].
I do not consider that the decision maker took full account of the severity of my condition or of
the way that it affects my everyday activities and bodily functions.
[If you wish, you can give an example of why you think the decision maker got it wrong, such as:
For example, in my questionnaire I stated that because of my depression I usually cannot
motivate myself to do everyday things like getting out of bed, washing, dressing or eating
breakfast unless my partner repeatedly encourages me. Yet I was awarded no points for this.
This is only one example of why I think the decision is wrong.]
Please do not ask me to provide further details of my grounds of appeal as I will not be able to
do so until I have been provided with a full copy of the papers and had the opportunity to try to
get independent advice and support.
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Re:Help with appeal please! 6 years 10 months ago #13704

Hi Maggie,

My advice would be to send your GL24 right away, giving a brief reason why you think the decision is wrong. With this advise them that you will be forwarding further information. You can sent as much info as you like right up to the appeal hearing date.

All you need to concentrate on is returning the GL24 on time. I know that is a bit confusing especcially when the guidance notes is telling you that anything not raised will not be considered by the tribunal, but if you say,for instance,

" I disagree with the Dm's decision because I clearly detailed in my application pack, and again with medical services how I am affected, and i do not believe that due consideration has been given to my claim for benefit. After I have had time to assess their reasons, I will forward any additional information to the tribunal service".

I believe this will be enough to at least let you get your GL24 away, and you have identified that you do not agree with the decision and you are also advising them that more info will follow. I am not a benefit expert, and hopefully one of the moderators can assist you further if necessary.

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Re:Help with appeal please! 6 years 10 months ago #13705

I based my appeal letter on the template provided on this website. I gave one example of why I believed the decision was wrong. In my experience, whatever you send, the DWP will attempt to dismiss it, even GP letters.

The important thing is to get an appeal letter submitted within the time limit.

It can take too long to think about and spell out every point, within this time limit.

Your choice of course, and I'm new to all this, but I am hoping and assuming I will actually be heard at the Tribunal hearing (just before Christmas - great, eh?). Plus I've already spelt it out on the original ESA50 questionnaire!
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Re:Help with appeal please! 6 years 10 months ago #13707

Hi,am new to this also, and just wish I had known what was involved before I filled in my ESA50 and attended Med. Now feel I dont have a hope. Good luck with your Appeal.
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Re:Help with appeal please! 6 years 10 months ago #13714

Hi Maggie,

As others have said, the important thing is to get your appeal in within the time limit. No-one can be expected to give full details of why they think the decision is wrong until they have actually been furnished with a full copy of the appeal papers.

And don't give up hope - the appeal is a complete rehearing of your case, so it's a real opportunity to give all the evidence you didn't give before and challenge what the Atos health professional reported.

Good luck,

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Help with appeal please! 6 years 10 months ago #13726

Thanks Steve, Apologise for sending again, but just need to make sure,are there any circumstances or reasons that they could refuse my appeal. My pathways to work advisor told me I needed to give reasons and to provide specific examples, for the appeal to be accepted, so am still not sure what I need to put on my GL24, any advice on how I could word it would be really appreciated, thanks again Maggie
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