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Advice needed please re ESA Appeal process

  • del
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11 years 3 months ago - 11 years 3 months ago #107496 by del
I was originally transferred from Incapacity Benefit to ESA WRAG with no medical and given 24 month prognosis. New ESA questionnaire submitted few months ago. I was given outcome last week which turns out to be exactly the same as above as when originally transferred to ESA.

Like many of us first time round due to ESA being new to me and laws being changed I did not fully understand difference between WRAG and Support Group and the criteria required for each. This time I have a lot more knowledge thanks to this site so this time I am going to appeal. I will be seeking help from CAB but would appreciate some advice in the meantime.

1 Is the new system in place yet meaning I need to request a reconsideration from DWP and await their decision prior to Appealing?

2 If new system in place for appeals do ESA IR payments stop during process of reconsideration and appeal?

3 Exactly which documents do I need to request from DWP that would have been used in connection with my ESA Questionnaire? Want to get this right first time to ensure they do not omit any!

4 Want to request all information, documents, logged during previous two years by WRAG Personal Adviser at Job Centre Plus, what would I need to ask for?

5 Do I have to request all the documents via a SAR which I know can take at least 40 days?

6 Is it worth enclosing supporting evidence again just in case it has not been fully taken into account and making reference to points that I am appealing decision on?
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #107502 by Gordon
Replied by Gordon on topic Advice needed please re ESA Appeal process
del

In answer to your questions.

1. No

2. N/A

3. ESA medical – what forms to ask for?

4. Best thing is to make a Subject Access Request. See

www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info

5. You can make the request for your latest documents separately from those from two years ago.

6. You can, but it would be more relevant to write a letter explaining why you believe you meet the SG criteria and referring to the relevant sections of the evidence you have already submitted, if nothing else this will stand you in good stead if the Decision is not overturned during the Reconsideration stage.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.

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  • del
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11 years 3 months ago #107509 by del
Thanks Gordon for your quick reply, your help is appreciated.

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  • del
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11 years 2 months ago - 11 years 2 months ago #107645 by del
Hi, started getting information together. Could you please let me know if Schedule 3 of the ESA Regulations are available to view somewhere? thanks
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #107647 by Gordon
Replied by Gordon on topic Advice needed please re ESA Appeal process

del wrote: Hi, started getting information together. Could you please let me know if Schedule 3 of the ESA Regulations are available to view somewhere? thanks


The Schedule 3 Descriptors are the Support Group ones. There is a list in the qualifying for the SG section of both claim guides and they are also listed with the WRAG Descriptors that they correspond to.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • del
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11 years 2 months ago - 11 years 2 months ago #107671 by del
Thanks Gordon. Sorry for another question, having a foggy day today, brain not working, cannot think for myself :evil:

Could you please let me know where I could find out what exactly we are required to do if in WRAG? I have been in it for the past year but so far they have not been able to do anything with me to my health restrictions so I haven't a clue what is actually expected.
Last edit: 11 years 2 months ago by Gordon.

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