Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: ESA Appeal- Confused again!

ESA Appeal- Confused again! 6 years 1 month ago #72141

Hello Again,

Just an update on my appeal for you all. Ok so i got placed in ESA WRAG without a medical, i posted my GL24 Appeal form on 11/10/11 & on the 17/10/11 got a letter saying they had looked again at the decison & it had not been changed & now my appeal will be sent to the tribnal board, so im waiting on my "bundle of papers" to arrive.

The thing is i think iv confused the DWP because in the mean time i sent a COMPLAINT letter dated 13/10/11. the upshot of the letter was to complain that i was told i was not point scored & there was no ESA65 & to request that they explain how i got into WRAG if i didnt score 15 points, & i wasnt exempt, then was it on the exceptional circumstances rule?

today 26/10/11 iv recieved a letter dated 20/10/11 stating that they recieved my letter dated 13/10/11 "APPEALING against a decision on your IB(IS) Reassessment. We will look at the decision again & if appropriate we will revise the decision in your favour. please sent us any further evidence which supports your appeal for us to consider. if we cannot revise the decision we will forward you appeal onto the tribunals service"

First of all, the letter was a COMPLAINT, iv already been told my appeals going to the tribunals service, & even if it was an appeal, my appeal was about ESA WRAG not IB(IS) Reassesment.

So as usual i cant get them on the phone today & now i dont know whats happening?! Am i to wait for my "Bundle of papers" & go onto tribunal? or am i to send further evidence to support my appeal for yet another DM to Reconsider for a second time?? It seems my complaint letters been compleately ignored & they have taken it as an appeal letter without a GL24 form. But surely looking on the system they would have seen i had already appealed using the GL24 form, it had been reconsidered, turned down, & was processing forward to tribunal?! Maddness!

Anybody that has any thoughts or similar stories would be appreciated.
Has anyone heard of an award being reconsidered TWICE before going onto tribunal?

cheers

martin

Please Log in or Create an account to join the conversation.

Re:ESA Appeal- Confused again! 6 years 1 month ago #72153

  • pete17971
greeneyedlad wrote:

Hello Again,

Just an update on my appeal for you all. Ok so i got placed in ESA WRAG without a medical, i posted my GL24 Appeal form on 11/10/11 & on the 17/10/11 got a letter saying they had looked again at the decison & it had not been changed & now my appeal will be sent to the tribnal board, so im waiting on my "bundle of papers" to arrive.

The thing is i think iv confused the DWP because in the mean time i sent a COMPLAINT letter dated 13/10/11. the upshot of the letter was to complain that i was told i was not point scored & there was no ESA65 & to request that they explain how i got into WRAG if i didnt score 15 points, & i wasnt exempt, then was it on the exceptional circumstances rule?

today 26/10/11 iv recieved a letter dated 20/10/11 stating that they recieved my letter dated 13/10/11 "APPEALING against a decision on your IB(IS) Reassessment. We will look at the decision again & if appropriate we will revise the decision in your favour. please sent us any further evidence which supports your appeal for us to consider. if we cannot revise the decision we will forward you appeal onto the tribunals service"

First of all, the letter was a COMPLAINT, iv already been told my appeals going to the tribunals service, & even if it was an appeal, my appeal was about ESA WRAG not IB(IS) Reassesment.

So as usual i cant get them on the phone today & now i dont know whats happening?! Am i to wait for my "Bundle of papers" & go onto tribunal? or am i to send further evidence to support my appeal for yet another DM to Reconsider for a second time?? It seems my complaint letters been compleately ignored & they have taken it as an appeal letter without a GL24 form. But surely looking on the system they would have seen i had already appealed using the GL24 form, it had been reconsidered, turned down, & was processing forward to tribunal?! Maddness!

Anybody that has any thoughts or similar stories would be appreciated.
Has anyone heard of an award being reconsidered TWICE before going onto tribunal?

cheers

martin



Hi Martin,

It sounds like a right old mix up.

In general complaints about the DWP and/or ATOS Medical Services are dealt with separately from the ongoing claim.

However in your case it appears, as you surmise they have treated your complaint as a request for a tribunal.

However your original tribunal should still go ahead. It is possible that if further evidence is sent to the DWP, a second reconsideration could take place.

Also some Decision Makers are now, for want of a better word, embedded with the tribunal service and they look to see if a claim can be adjudicated on, and a decision made prior to a tribunal being held.

If you have further evidence to send in before you receive the bundle from The Tribunals service, it could be better to send it to the DWP.

If you have the extra evidence once you have received your bundle, it could be prudent to send it to the DWP office dealing with your claim as well as the Tribunal service.

With regard to the complaint side of things, either resend it but specifically pointing out it is a complaint only, or make use of your Member of Parliament which maybe more successful than going it alone.

Pete

Please Log in or Create an account to join the conversation.

Re:ESA Appeal- Confused again! 6 years 1 month ago #72158

thanks pete

i'll know more if i can manage to get thro to them tomorrow.

i dont really have anymore evidence at the moment cause i thought i would have time to compile it once i get my bundle of documents.

i'll update you as i know more

many thanks

martin

Please Log in or Create an account to join the conversation.

Re:ESA Appeal- Confused again! 6 years 1 month ago #72180

  • paula
Hi Martin,
I remember my dla situation i was turned down twice before i went to a tribual, it is frustrating. Pete has a good point, complain to your MP if you feel up to it? Wish you lots of luck. Take a breather for a day or so to take stock, and then come back to what you need to do next. Hang in there and thinking of you. :)

Please Log in or Create an account to join the conversation.

Re:ESA Appeal- Confused again! 6 years 1 month ago #72333

well well well iv just had a most interesting call from a lady in the ESA Complaints Dept at my benefits centre. she was amazing actually & so helpfull & patient at explaining everything to me.

the letter i recieved dated 20/10/11 should have been sent first & the letter i recieved dated 17/10/11 should have been sent second, thats where the mix up has happened. she was very apologetic & said that it was a coincedence that my complaint letter was posted on the same day as my appeal was lodged & that added to further confusion. the reply to my complaint letter was still to be posted to me but she would explain everything verbally in the mean time.

she said ESA65 is only issued if you are fount fit for work.

You are only point scored if limited capability for work cannot be accepted.

there was enough evidence provided by myself & gp to MEET THE THRESHOLD to automatically be placed into WRAG without a medical.

i asked when to expect my "bundle of documents" & she said she would see if she could push them through for me. the reprographics dept used to be onsite but as of last week had been moved to a central location in Glasgow.

she urged me to go to tribunal if i felt i should be in the support group & wished me luck in winning it. she also gave me the telephone number of my local welfare rights office in the social work dept & said they could maybe help me.

i must admit im dumfounded by how falling over herself to help me she was, she even gave me her direct dial landline number & said to call her personally anytime if i had any further questions.

hope this helps clear up any confusion other may have had with how the system is working. seems theres 4 ways to qualify now, the 3 we know about & now this MEETS THE THRESHOLD rule.

i feel better now things have been explained to me instead of all the conflicting things & miss info iv been told by differnt people at DWP, but in another way i was hoping they would keep making mistakes so i could bring it up at my tribunal. im still going to go forward with tribunal tho if i can build a good enough case & get enough help & supporting evidence.

cheers

martin

Please Log in or Create an account to join the conversation.

Re:ESA Appeal- Confused again! 6 years 1 month ago #72342

forgot to say i also recieved my letter from jobcentre plus today asking me to attend my first WFI on 8/11/11. not looking forward to that, but i think the woman iv to see was the woman i saw when on incapacity & she was very sympathetic to my needs, in fact she gave me an interview over the telephone 1 time for my incapacity due to my anxiety. i might give her a telephone & even if its not the same woman tell her im appealing & ask if we could do the interview over the telephone.

theres no harm in asking, as i get panic attacks with strangers, have to get a taxi there & back door to door & have to have a side room for any interviews.

martin

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs Hurtyback