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TOPIC: Help with appeal please!

Re:Help with appeal please! 7 years 3 months ago #13735

  • pata1
  • Retired Nurse & Former Moderator.
Hi Maggie,

It's pretty much an impossible task for us to try to attempt to give any circumstances or reasons why your appeal could be refused as we don't have access to your case files.

On the GL24, it's not necessary to go into detailed reasons for your appeal, it's sufficient just to put a simple short statement stating that you don't feel the DWP Decision Maker has taken all the facts into consideration, further evidence to follow. What's important at present, is to get the GL24 off as quickly as possible.

Once your appeal papers arrive, my advice would be to contact a benefits adviser 'face to face' at your local CAB or similar advice organisation and they should be able to help you to provide a more comprehensive submission for your tribunal, based on what you tell them about your condition(s).

I'd also advise that you opt for an oral hearing, which is where you attend the appeal so the tribunal can ask you any questions, and vice versa. Opting for a paper hearing means that the tribunal can only consider your appeal on what's in your case papers, and paper hearings have a much lower success rate than oral one's.

Most Social Security Tribunals are won not because of any real new evidence introduced, but on what the appellant (you) tell the tribunal on the day of your appeal. It is a completely fresh hearing of your claim by a tribunal totally independent of the DWP, since all tribunal members are appointed by the Dept of Justice, and a tribunal is a court of law, albeit a very informal one.

You can check out how appeals are conducted and other useful information about appeals on the Tribunals Service web site Social Security Tribunals

Hope my comments are of some assurance.

Good luck.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Help with appeal please! 7 years 3 months ago #13736

The Pathways to Work advisor is NOT an independent advisor, and they will give you the DWP 'spin' on things!

For independent advice, try either Citizens Advice Bureau (which isn't always easy - they are very busy, you may have to queue) or a benefits solicitor (which can be funded by Legal Aid, depending on your circumstances). And, of course, this website!

Here's a template letter for you (based on the one provided on this website):

Dear Sir/Madam,

Re: ESA appeal. (N.I. no. xxxxxxxxx)

I wish to lodge an 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 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. For example, in my questionnaire I explained that because of my (put your example here). 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.

If you wish to contact me about this please do so in writing. I do not wish to receive telephone calls as I consider welfare benefits too complex to be discussed over the telephone.

Whilst my appeal is being considered I wish to remain in the assessment phase of ESA.

Yours sincerely,

I don't think there are any reasons they can reject an appeal, though I'm no expert. Don't be fooled or fobbed off, send your appeal letter and take it a step at a time.
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Re:Help with appeal please! 7 years 3 months ago #13737

Hi Maggie,

If the decision maker considers that a claimant has not provided sufficient grounds for an appeal they will write and ask the claimant for further grounds.

If they are still not happy then they have no power to refuse an appeal, they must forward it to the Tribunals Service and ask a legally qualified chair to make a ruling on whether the appeal has been properly made.

I don't think it's something you need to be too concerned about at this stage.

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! 7 years 3 months ago #13741

Thankyou both so much for your advise and quick response, I will send my GL24 next week. Much appreciated Maggie
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