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Esa appeal questions

  • SoulMan
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11 years 9 months ago - 11 years 9 months ago #108410 by SoulMan
Esa appeal questions was created by SoulMan
I have just received a letter stating i received 0 points. The decision maker claims i provided no evidence of upper limb function. Claims i can propel a wheel chair based on the fact i live in a house with stairs that i must use at some point because family can't be there 24/7 to help me. I am assuming they are using this to say i can use upper limbs, The decision make states i reported problems with my wrist however i provided no evidence to support this.

I sent in a medical report from my consultant a few months ago that states i was complaining about pain in my wrist which has been getting worse over the last 4 months and that hes going to get my GP to refer me to the hand specialist! how on earth can they claim ive not provided any evidence based on this?

They are also claiming thay, in 2011 in my previous examination for ESA i walked unaided, however there appears to have been an exceptional deterioration in my condition since 2011 and i have not provided any evidence to support my statements! Again i have already sent them medical reports confirming that in 2012 i was involved in a car accident which aggravated my pre existing condition, and subsequently forced me to use crutches and now a wheel chair because i can no longer even use the crutches due to my wrist pain.

Its as if they have completely ignored my consultants report that confirms my wrist problems, and have completely ignored my other report confirming i was involved in a car accident and the doctors report states the accident aggravated my pre existing condition etc.

How can they claim i have submitted no evidence to support any of this?

One more thing, last time i appealed they sent a form to fill in with the decion letter this letter just says ,

if you want us to look at the decision again, contact us straight away our number and addressee are at the top of the letter.

Whats the best way to go about this, phone or send the a letter? also how long does it take for them to start paying me at the assement rate while i appeal? i know ill need to get a sick note too.
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #108412 by Gordon
Replied by Gordon on topic Esa appeal questions
SoulMan

I am sorry to hear about your result.

As you have been found Fit for work, you need to lodge and appeal, as this is the only way that you will be eligible to be paid the Assessment rate.

Have a look at our ESA Appeal guide

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

and the following FAQs

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the WRAG

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have more questions, please reply to this post.

Gordon

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

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  • bro58
11 years 9 months ago #108414 by bro58
Replied by bro58 on topic Esa appeal questions
Hi SM,

As you rightly state, you will also have to obtain a fit note from your G.P. to cover you from the date of the fit for work decision. (when benefit payment ceased)

Send this with the GL24, keep copies of both.

You should take into account that your automatic reconsideration on submitting the appeal will be carried out by a different DM, so reiterate the evidence that you may have already provided that you feel has not been taken into account.

Sending Documents to the DWP or ATOS

bro58

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  • SoulMan
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11 years 9 months ago - 11 years 9 months ago #108418 by SoulMan
Replied by SoulMan on topic Esa appeal questions
Thanks.

Can you just confirm if its ok to Download the GL24 and print it off? it doesn't need to be an official form from the DWP? so no need for me to ring them up either just send off that form along with my sick note and wait for them to get back?, I have just booked an appointment with my GP but i couldn't get one until monday. will they be able to backdate it?
Last edit: 11 years 9 months ago by bro58.

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  • bro58
11 years 9 months ago - 11 years 9 months ago #108423 by bro58
Replied by bro58 on topic Esa appeal questions

SoulMan wrote: Thanks.

Can you just confirm if its ok to Download the GL24 and print it off? it doesn't need to be an official form from the DWP? so no need for me to ring them up either just send off that form along with my sick note and wait for them to get back?, I have just booked an appointment with my GP but i couldn't get one until monday. will they be able to backdate it?


Hi SM,

Yes it is fine to use the downloaded GL24, you only have to print off the actual form, which starts from around page 20.

You can add extra A4 pages if necessary.

Yes, your G.P. can backdate a fit note to the date of the fit for work decision.

bro58
Last edit: 11 years 9 months ago by bro58.

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  • SoulMan
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #108430 by SoulMan
Replied by SoulMan on topic Esa appeal questions
Thanks!

One more thing, i have a copy of an independent medical report from my car insurance company from 2012 in regards to the accident i was involved in and the injuries i sustained, as this is a third party medical report that includes details of my car insurance, the other driver etc can i send in copies of this? this report states that the accident aggravated my pre exsisting condition which explains the large deterioration in my condition since 2011 that the decision maker is claiming i have submitted no evidence to support this large deterioration, i am just concerned about sending documents with other details on them regarding other thrid parties etc.
Last edit: 11 years 9 months ago by bro58.

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