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Just joined and looking to appeal

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13 years 11 months ago #37006 by mikesimms
Just joined and looking to appeal was created by mikesimms
I have been on employment and support allowance for around 10 months, I had the medical around 10 months ago.

They have asked me to come into to see them a few times, but I have just been too ill and have been seeing people at the hospital and the Doctors constantly and been on medication.

I have mental issues and a spine back problem, and at one time last year lost use of leg, I am in constant pain, find it hard to do anything.

What do I need to do now please? I have said I want to appeal, they are sending me something.

Do I download a pack on here on what do do and what to send them? What pack please.

Do I have to seek advice before I post this back or can you people help at this stage?

I honestly dont know what I have signed up for here and I am quite worried.

How do I go about being put into support group, what do I need to pass this.

I dont know what do so please advise as it all scares me, I was made to look like dirt 10 months ago.


Mike

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13 years 11 months ago #37012 by Gordon
Replied by Gordon on topic Re:Just joined and looking to appeal
Mike

You don't say on what basis you want to appeal so it is difficult to say what your options are.

I think the first thing to recommend is that you seek face to face advice with an appropriate advisor, your local CAB of Welfare Rights should be able to help you.

Normally appeals are lodged using a form called a GL24 and it may be this that the DWP are sending you. Normally appeals can only be lodged within 4 weeks of a decision, it is possible that the DWP may still allow it if this period has been exceeded, as there may be special circumstances. These are the things that an advisor can help with.

There is an ESA Appeals document in the Members section that you can read that explains the process.

Gordon

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

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13 years 11 months ago #37013 by mikesimms
Replied by mikesimms on topic Re:Just joined and looking to appeal
Thank you Gordon, I am 100% not fit for work as things have got worse with my condition.

Is it called the support group I am looking to get moved into? so I dont have to attend? or is it called something else.

Mike

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13 years 11 months ago #37016 by Gordon
Replied by Gordon on topic Re:Just joined and looking to appeal
Mike

Unlike the Work Related Activity Group. which I assume you are currently in, the Support Group is not points based, instead you need to meet one or more of the criteria for it.

The criteria can be found in the "Understanding ESA" document, page 25, in the Members section.

If your condition has significantly worsened since the original decision, then you can re-apply for ESA, so rather than the GL24 I mentioned before, it might be a new ESA50 form that you are being sent.

In either case, you need to seek face to face advice and the help we can provide on these forums is limited.

Gordon

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

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13 years 11 months ago #37034 by mikesimms
Replied by mikesimms on topic Re:Just joined and looking to appeal
Ok I was placed on limited capability for work after the test, this was around 10 months ago. so I download your link for help with filling this in, and then go to cab, is the welfare rights the same thing?

Last time I did not see anyone I just filled the form in and turned up at the medical.

Thank you

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13 years 11 months ago #37042 by cdcdi1911
Replied by cdcdi1911 on topic Re:Just joined and looking to appeal
Hi Mike

I'm afraid you can only appeal within one month of the decision that placed you in the LCW group, which appears to be around 10 months ago.

You could write to the DWP and apply for a supersession, which will enable them to reconsider (and probably result in another medical). However, I would advise you to seek face-to-face advice before doing so, as there may be risks involved.

Alternatively, or in addition, you could try explaining the problems you are having at the Pathways to Work interviews that you have to attend, and ask if the interviews can be waived or deferred.

Best of luck

Derek

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