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ESA Appeals

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13 years 5 months ago #59904 by citymike
ESA Appeals was created by citymike
I am currently thinking of appealing against the decision to award me esa in the WRAG group after being migrated from incapacity benefit.
I have asked for a copy of the decision makers report but have still not received it 2 weeks later.
My closing date for appealing is 2nd July,does anyone know if i can ask for a extension as i have not received the report.Thanks.

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13 years 5 months ago #59908 by Gordon
Replied by Gordon on topic Re:ESA Appeals
citymike wrote:

I am currently thinking of appealing against the decision to award me esa in the WRAG group after being migrated from incapacity benefit.
I have asked for a copy of the decision makers report but have still not received it 2 weeks later.
My closing date for appealing is 2nd July,does anyone know if i can ask for a extension as i have not received the report.Thanks.

It usually takes less time than this to arrive, try ringing them for an update.

Ultimately, the report will be of limited value with regard to the Support Group as you failed to meet any of the criteria (you only need to meet one), so you should not allow it to delay you submitting your GL24 on time.

If you are adamant that you want to wait, then you can request an extension, and you should note on your GL24 when it is returned, that the reason it is late is because of not having received the report.

Gordon

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

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  • kathy1
13 years 5 months ago #59975 by kathy1
Replied by kathy1 on topic Re:ESA Appeals
Hi citymike,

I agree with Gordon, don't wait for the DM's Statement of Reasons, get your GL24 sent in asap recorded delivery. If you are appealing that you believe you should have been put into the Support Group instead of the WRG then simply state on the GL24 that this is the reason for your appeal.

You can also add that you have requested a SOR and as this has not been forthcoming then at this stage you are unable to list your reasons against thos of the DM's. Advise them also on the GL24, that once the DM's resons are received, you will forward further information.

You may find that the first you will have sight of the DM's reasons is when you receive your appeal bundle. I know of someone else who repeatedly asked for SOR, going even to a higher manager and was promised it would be sent but it was not and only arrived as part of the bundle.

Kathy

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13 years 5 months ago #60065 by jacqueline snooks
Replied by jacqueline snooks on topic Re:ESA Appeals
Hi i requested a copy of the atos medical report (DLA)the day i received my rejection letter(3rd June)i have phoned them twice to ask when it will be sent,last week i was told they requested it on june 16th 2 weeks after i asked for it,and it takes time because they have to request my file etc.i think they are stalling!
still no sign of it today but have sent in my appeal form stating more or less the same as the advice you have given,good luck.
Jackie.

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