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TOPIC: Won appeal for support group now taken away

Won appeal for support group now taken away 6 years 2 months ago #67066

  • shelby1
My story goes like this

Diagnosed PPMS 3 years ago started claiming ESA in 2009 went for two medicals, the last being in May 2010 was placed in the WRAG and appealed in June 2010.

In May 2011 went to a tribunal and won on the grounds I cannot walk or self propele more than 50 metres. After 6 weeks contacted Job centre plus asking where the back pay was and why my payments had not been increased recieved a letter a couple of weeks ago saying they had paid £194 into my account from june 2010 until Feb 2011??

I rang them back today to find in the meatime I had completed a ESA50 in feb 2011 which also placed me in the WRAG (without a medical) but my walking is worse but obviously still less than 50 metres and now I have to appeal against that.

I must say I did get rather annoyed with this poor man, but is there anything I can do when I get this new appeal form to speed things up rather than have to wait another year for it to go to a tribunal again

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Re:Won appeal for support group now taken away 6 years 2 months ago #67071

shelby

Forgive me but the dates in your post don't make sense.

Are you now looking to appeal the Decision to place you in the WRAG that was made in Feb 2011, as you are outsde of the normal one month limit?


Or, have you already lodged an appeal and are looking to see whether there is any way to expedite it?

Gordon

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

Re:Won appeal for support group now taken away 6 years 2 months ago #67073

  • shelby1
I won the appeal for 2010 in May this year, but I did'nt realise the ESA50 I recieved in Feb this year would then over rule the last one and would have to appeal for that one aswell.

The man I spoke to said he could still send me an appeal form even though it was late

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Re:Won appeal for support group now taken away 6 years 2 months ago #67076

shelby1 wrote:

I won the appeal for 2010 in May this year, but I did'nt realise the ESA50 I recieved in Feb this year would then over rule the last one and would have to appeal for that one aswell.

The man I spoke to said he could still send me an appeal form even though it was late

The appeal period can be extended for up to thirteen months but in order to request a late appeal, you need to demonstrate good cause, and that there were exceptional and/or mitigating circumstances why the appeal was not within the normal one month.

If you fail to do this successfully, your appeal will not be allowed.

However, on the assumption that it is, you can use the latest Tribunal decision as evidence, so providing you can provide evidence that your condition is the same or worse than it was in May 2010, you may be able to get the 02/11 Decision overturned at the Recondiseration stage rather than going to a Tribunal, but if you do not, then I'm afraid you will have to wait in line with everybody else.

Gordon

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

Re:Won appeal for support group now taken away 6 years 2 months ago #67078

Hi Shelby

It would be best to seek face-to-face advice if you are appealing.

Have they put their new decision in writing?

If so, I believe the one month deadline for appealing would run from the date of the letter rather than 02/11. If not you need to request that the decision is put in writing as you can't appeal without a decision letter.

Regards

Derek

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Re:Won appeal for support group now taken away 6 years 2 months ago #67080

  • shelby1
Thank you for your reply.I have a letter from my MS nurse dated May 2011 which I used as evidence at the trubunal although I am not sure if they read it as I was in and out very quickly.

My condition is one that does not get better unfortunatly and even though on all ESA forms I have said I cannot walk more than 50metres and have stated 20 at the most, they still do not believe me...I feel I'm bashing my head against a brick wall with this dept.

I had no trouble getting DLA indefenatly HRM and MRC but ESA is driving me mad

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