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TOPIC: failed ESA medical,considering appeal

failed ESA medical,considering appeal 5 years 11 months ago #73027

hello everyone.
today I received a letter (ESA65) from jobcentre plus benefit centre regarding my esa medical.
according to this letter I scored 0 points and I am capable of work.(which is not the case).
I have read all the guides regarding lodging an appeal on this website,however in this letter they did not mention anything about the appeal and they have not sent me the GL24 appeal form.

also in the first line on the letter it says "we sent you a letter to tell you that you are not entitled to employment and support allowance".
this to me sounds as if I should have received another letter with this one?
or is this letter all I should expect before I can lodge an appeal?

should I wait/contact them and request the other letter or should I go ahead and fill in the GL24 appeal form based on guides of this website?

also when I complete the GL24 appeal form where should I send it to? is the receiptant address the one on top of the ESA65 letter I received today? (benefits centre of my city's jobcentre plus).

it's very confusing and distressing considering I'm suffering from anxiety.. :(

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Re:failed ESA medical,considering appeal 5 years 11 months ago #73028

  • pete17971
Alex wrote:

hello everyone.
today I received a letter (ESA65) from jobcentre plus benefit centre regarding my esa medical.
according to this letter I scored 0 points and I am capable of work.(which is not the case).
I have read all the guides regarding lodging an appeal on this website,however in this letter they did not mention anything about the appeal and they have not sent me the GL24 appeal form.

also in the first line on the letter it says "we sent you a letter to tell you that you are not entitled to employment and support allowance".
this to me sounds as if I should have received another letter with this one?
or is this letter all I should expect before I can lodge an appeal?

should I wait/contact them and request the other letter or should I go ahead and fill in the GL24 appeal form based on guides of this website?

also when I complete the GL24 appeal form where should I send it to? is the receiptant address the one on top of the ESA65 letter I received today? (benefits centre of my city's jobcentre plus).

it's very confusing and distressing considering I'm suffering from anxiety.. :(



Hi,

Generally one doesn't receive an ESA65 unless one asks for it.

Normally one would first receive a letter telling them that their application for ESA has been disallowed and stating whether or not the claimant has a right of appeal. A GL24 is not sent as a matter of course. One either has to ring and ask for one, or download one.

From what you say, it may appear as if you did not receive the disallowance letter. It maybe worth contacting the Jobcentre plus office dealing with your claim (if ringing follow up in writing).

As you will not know when the decision to disallow was made (which is the start of the one month which you have to appeal) it maybe worthwhile both asking them what date it was and also downloading a GL24 appeal form and getting it sent in asap. You can download one from here:

www.dwp.gov.uk/docs/gl24dwp.pdf

It should be sent to the Jobcentre Plus office dealing with your claim.

If you are out of time to appeal, it would be worthwhile explaining to the DWP the reason why your claim is late.

If you wish to complain about the service you have received, the following web page gives the relevant info.

www.dwp.gov.uk/contact-us/complaints-and-appeals/

Pete

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Re:failed ESA medical,considering appeal 5 years 11 months ago #73033

  • jayney B
hello i found myself in the same situation as yourself. i appealed against the decision straight the way by a hand written letter i also spoke to my GP who has given me a supporting letter to say im not capable of work. I dont now if my appeal will be succesful but i find it distressing that a ATOS medical examiner asked me 10 computer generated questions and scored me 0 she should have took on board what i said that depression and anxiety can flare up anytime and she should not have judged me solely on how i was feeling that particular day, Good luck with your appeal thers alot of us in the same boat

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Re:failed ESA medical,considering appeal 5 years 11 months ago #73071

Thanks Pete and Jayney.

I have received another letter today from Jobcentre plus.
I think this should be the one I was supposed to received first?
it basically says that they cannot pay me ESA from a certain date due not passing the medical.and then mentions review and appeal etc.

I'm going to lodge an appeal now.
when I sent the appeal form,should I expect delays/problems with re-starting payments? my current sick note is still valid for another two weeks..

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Re:failed ESA medical,considering appeal 5 years 11 months ago #73081

Alex wrote:

Thanks Pete and Jayney.

I have received another letter today from Jobcentre plus.
I think this should be the one I was supposed to received first?
it basically says that they cannot pay me ESA from a certain date due not passing the medical.and then mentions review and appeal etc.

I'm going to lodge an appeal now.
when I sent the appeal form,should I expect delays/problems with re-starting payments? my current sick note is still valid for another two weeks..

It can take a couple of weeks to restart your payments, it's usually less than this, unfortunately, the DWP payment system is quite unwieldy, and it is possible to get caught out by its lead times.

Gordon

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