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TOPIC: ESA50 form and your disabilities

Re:ESA50 form and your disabilities 5 years 11 months ago #72326

Hi,
are you appealing this or have you taken this up with DWP????

radhika

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Re:ESA50 form and your disabilities 5 years 11 months ago #72327

Sorry, But bo i need to put all this in writting to them with regards to conversations i have had last thursday, as i assumed that would be enough, however, started to wonder what if i do not get info i have requested as not had anything till now.
Any idea as to how long it takes for info to arrive and does the 4 wek deadline start from then or from the date on letter 15th October.

Radhika.

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Re:ESA50 form and your disabilities 5 years 11 months ago #72331

radhika wrote:

Hi,

Can you tell me when this 4week deadline kicks in as i spoke to them last week thursday, date on leter is 15th October, and was told it would go for reassessment to reconsideration officer.

I have asked for decision makers reasons and have stated that i will supply further evidence from GP etc.

So do i wait for paperwpork to argue his case incase of discrepencies etc or do i just get further reports from GP who by the way is really supportive and wrote a detailed report to submit with the ESA50.

Not sure what to do and really do not want to deal with DWP unless i have to.

Thanks Radhika.


Hi if the "4 week deadline" that you refer to is the time limit that you have to make an appeal, or ask for a reconsideration of the adverse decision.

It is actually 1 month from the date on the ESA WRAG award letter that was sent to you.

See information here. :


How to submit an appeal

If you have written verification that your case is being reconsidered, then you will have 1 month from receiving written verification of the reconsidered decision, to submit an appeal.

As I am not sure if you have written verification of your reconsideration or not, if you haven't, it would be advisable that you send written request for a reconsideration, or appeal within 1 month of the date on your ESA WRAG award letter, so that you have a paper audit trail of said request.

It may be advisable to send said request by recorded delivery, keeping copy.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: grammer

Re:ESA50 form and your disabilities 5 years 11 months ago #72334

Thanks, I do not have written verification of reconsideration. Do I ask for this and appeal or do i wait for this then appeal or do both together??/

Sorry, really confused as to what i should do first,as i would like to see for what reasons hubby was put into WRAG, then challenge this with supporting evidence with help of GP.

Radhika.

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Re:ESA50 form and your disabilities 5 years 11 months ago #72335

radhika wrote:

Sorry, But bo i need to put all this in writting to them with regards to conversations i have had last thursday, as i assumed that would be enough, however, started to wonder what if i do not get info i have requested as not had anything till now.
Any idea as to how long it takes for info to arrive and does the 4 wek deadline start from then or from the date on letter 15th October.

Radhika.


Hi R,

I would strongly advise that you read the post on appealing from the link that I have provided, in my previous post.

To clarify, I would not rely on a request over the telephone, or any conversations that take place, as proof that you have either , asked for a reconsideration, or appealed within the 1 month deadline from the date of your WRAG award letter.

You need something in writing from the DWP to confirm the above, or you need to appeal or ask for reconsideration in writing before the 1 month deadline elapses.

If you have no written proof of a reconsideration or appeal, and the month deadline elapses, and the reconsideration or appeal process does not take place, you may have problems then making a request for the above.

If a reconsideration does take place it can take upto 12 weeks, this is why you need written proof that it is taking place.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: extra info

Re:ESA50 form and your disabilities 5 years 11 months ago #72336

bro58 wrote:

radhika wrote:

Sorry, But bo i need to put all this in writting to them with regards to conversations i have had last thursday, as i assumed that would be enough, however, started to wonder what if i do not get info i have requested as not had anything till now.
Any idea as to how long it takes for info to arrive and does the 4 wek deadline start from then or from the date on letter 15th October.

Radhika.


Hi R,

I would strongly advise that you read the post on appealing from the link that I have provided, in my previous post.

To clarify, I would not rely on a request over the telephone, or any conversations that take place, as proof that you have either , asked for a reconsideration, or appealed within the 1 month deadline from the date of your WRAG award letter.

You need something in writing from the DWP to confirm the above, or you need to appeal or ask for reconsideration in writing before the 1 month deadline elapses.

If you have no written proof of a reconsideration or appeal, and the month deadline elapses, and the reconsideration or appeal process does not take place, you may have problems then making a request for the above.

If a reconsideration does take place it can take upto 12 weeks, this is why you need written proof that it is taking place.

bro58


Hi R,

See my quoted post above.

bro58

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