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TOPIC: How long do I have to appeal?

How long do I have to appeal? 6 years 1 month ago #72675

Got ESA311 today warning me about the time limiting of CB ESA. Was a surprise to me as I sent my ESA50 in at beginning of Oct and hadn't heard anything.

Very helpful lady at JCP returned my call and told me I was put in WRAG on 6/10, with an 18 month review date. For 'some reason' not everyone gets a letter notifying them of the decision.

Advised to appeal if I think decision is wrong, but has just occurred to me - do I only have 30 days from review date - if so I need to get a wiggle on?

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Re:How long do I have to appeal? 6 years 1 month ago #72678

Daisy wrote:

Got ESA311 today warning me about the time limiting of CB ESA. Was a surprise to me as I sent my ESA50 in at beginning of Oct and hadn't heard anything.

Very helpful lady at JCP returned my call and told me I was put in WRAG on 6/10, with an 18 month review date. For 'some reason' not everyone gets a letter notifying them of the decision.

Advised to appeal if I think decision is wrong, but has just occurred to me - do I only have 30 days from review date - if so I need to get a wiggle on?

Everybody should receive a Decision letter whether they are successful or not with their claim.

Normally the one month is taken from the date of the letter, however,, an appeal can be lodged later if you can show Good Cause as to why it is late.

See the following FAQs

How to submit an appeal

Is there any risk to challenging a decision?

ESA Appeals guide

Gordon

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

Re:How long do I have to appeal? 6 years 1 month ago #72680

Thanks Gordon
The problem in my case is that a decision has been made but I haven't been notified. So far I haven't been able to get through to the phone number to find out what happened.

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Re:How long do I have to appeal? 6 years 1 month ago #72683

Daisy wrote:

Thanks Gordon
The problem in my case is that a decision has been made but I haven't been notified. So far I haven't been able to get through to the phone number to find out what happened.

Sorry if I wasn't clear, not receiving the Decision letter, is Good Cause for your appeal being submitted late.

That said, you do not need to have received the letter in order to appeal.

You might also want to request your ESA85 medical report, which should explain, why you were placed in the WRAG.

You might also want to review the following FAQ.

Qualifying for the Support Group

Gordon

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

Re:How long do I have to appeal? 6 years 1 month ago #72690

Thanks for the clarification Gordon, much appreciated. Will also ask for the copy of the medical report (although I didn't have to attend a medical as I sent medical evidence that I am too poorly to travel).
BW

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Re:How long do I have to appeal? 6 years 1 month ago #72691

Daisy wrote:

Thanks for the clarification Gordon, much appreciated. Will also ask for the copy of the medical report (although I didn't have to attend a medical as I sent medical evidence that I am too poorly to travel).
BW

In that case it will be an ESA85A.

Gordon

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