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Claiming ESA for me + DLA for my daughter

  • elize
  • Topic Author
13 years 10 months ago #19027 by elize
Hi, hoping someone can give me a clue as to what I do next!

I claimed ESA on depression/anxiety grounds as I was working a demanding job and my daughter (19) was at home with chronic fatigue. My health and sanity suffered so the job had to go.

I got 6 points on my ESA medical and although I spoke about caring for my daughter the doctor only recorded info about me driving a car and taking my son to work.

Actually i'm getting sidetracked. I am totally overwhelmed because I have a doctor coming to assess my daughter on friday (DLA) and I have realised that my ESA appeal forms haven't been sent back and are about 2 weeks late. What is my best course of action now?

How do people cope with a situation like this? Are there any allowances made for the fact I have to care for my daughter when I'm not well myself?

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13 years 10 months ago #19029 by Steve Donnison
Replied by Steve Donnison on topic Re:Claiming ESA for me + DLA for my daughter
Hi Elize,

Return the GL24 appeal form today, first class recorded delivery and keep a copy of it. On the form include information about why you are returning it late, stressing your caring responsibilities and your own health condition.

If the DWP are not prepared to accept your late appeal it will have to be put before a tribunal judge to make a final decision.

Good luck,

Steve

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

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13 years 10 months ago - 13 years 10 months ago #19030 by Crazydiamond
Replied by Crazydiamond on topic Re:Claiming ESA for me + DLA for my daughter
elize wrote:

Hi, hoping someone can give me a clue as to what I do next!

I claimed ESA on depression/anxiety grounds as I was working a demanding job and my daughter (19) was at home with chronic fatigue. My health and sanity suffered so the job had to go.

I got 6 points on my ESA medical and although I spoke about caring for my daughter the doctor only recorded info about me driving a car and taking my son to work.

Actually i'm getting sidetracked. I am totally overwhelmed because I have a doctor coming to assess my daughter on friday (DLA) and I have realised that my ESA appeal forms haven't been sent back and are about 2 weeks late. What is my best course of action now?

How do people cope with a situation like this? Are there any allowances made for the fact I have to care for my daughter when I'm not well myself?


You can still submit a late appeal and explain the extenuating circumstances about your caring responsibilities and your own health condition, and therefore the reasons why the appeal is late. Give as much detail as possible.

The Tribunals Service will normally ask a legally qualified panel member(LQPM) to consider whether your appeal should be admitted, and you will be informed of the decision accordingly as to whether the appeal will proceed?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 10 months ago by Crazydiamond.

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  • elize
  • Topic Author
13 years 10 months ago #19031 by elize
Hello, thanks for getting back to me. My first appeal letter was actually sent. What I haven't replied to is the letter and papers sent from the appeals service.

I think I made a mistake on the first form they sent through, they have queried me and asked if I want an oral hearing or if I am content to go ahead without it. I should have replied by the 2nd April. Maybe I should phone them at this stage?

They also ask about a representative, I don't have one so I assume I represent myself? That is if I haven't messed up my appeal. I'm confused.

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13 years 10 months ago #19034 by Steve Donnison
Replied by Steve Donnison on topic Re:Claiming ESA for me + DLA for my daughter
Hi Elize,

If this is the TS1 form - which is dealt with in the guides - then I'm afraid your appeal can be stuck out for late return of that too. It may well be worth phoning the Tribunal service and explaining your extenuating circumstances. But whatever you do, get a name and confirm any agreement in writing.

You don't need to give the name of a rep if you don't have one, it's fine to turn up on the day with one if you do get one.

You definitely do want an oral hearing.

Good luck,

Steve

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

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