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How do you make an appeal?

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6 years 10 months ago #189098 by George Rodgers
How do you make an appeal? was created by George Rodgers
I know this question might have been asked before but I don't where to look for the answer. I was in ESA support group. Two weeks ago I went for an assessment, my health hasn't improved it's gotten worse. I've got neuropathy, I have dizzy spells and I've just been diagnosed with autonomic neuropathy. All due to living with HIV and diabetes for 17years.

I've just found out I've been placed in the WRAG after receiving a phone call from the Job Centre telling me I have to go for an interview. How can I make an appeal against the decsicion as I haven't had a letter from the ESA themselves?

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6 years 10 months ago #189133 by Gordon
Replied by Gordon on topic How do you make an appeal?
G

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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Sorry to hear that you have been demoted.

The letter should be with you in a couple of days.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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