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TOPIC: esa - Non appeal

esa - Non appeal 6 years 3 weeks ago #74143

I am very confused and would appeciate some help. Had my esa medical assessment
in Jan this year. was told by letter was placed in the wrag group. I asked for copy of medical, so appalled was I, that I wrote a letter of complaint about the medical, i.e. was so contradictary. Had interview with personal adviser in March this year, was told I had appealed? explained I had just complained about medical etc, advisor said it had been taken as an appeal. Cut a very long story. I had my second personal advisor interview today, where I was informed by (very helpful advisor) that my appeal(non-appeal) had been turned down in July this year. Well Nice of them to inform me. Also my contribution based esa will shortly cease. I was advised to ring the DWP and tell them I wish to appeal against the wrag for support group. and to fill in a GL/24.
I am not sure now where I stand. or even if I can appeal after all this time. I have read everything on the site, and think that I have now run out of time. By the way, on the action plan back in march this year, Advisor had written to be reviewed in Mach 2012.

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Re:esa - Non appeal 6 years 3 weeks ago #74146

rapheal wrote:

I am very confused and would appeciate some help. Had my esa medical assessment
in Jan this year. was told by letter was placed in the wrag group. I asked for copy of medical, so appalled was I, that I wrote a letter of complaint about the medical, i.e. was so contradictary. Had interview with personal adviser in March this year, was told I had appealed? explained I had just complained about medical etc, advisor said it had been taken as an appeal. Cut a very long story. I had my second personal advisor interview today, where I was informed by (very helpful advisor) that my appeal(non-appeal) had been turned down in July this year. Well Nice of them to inform me. Also my contribution based esa will shortly cease. I was advised to ring the DWP and tell them I wish to appeal against the wrag for support group. and to fill in a GL/24.
I am not sure now where I stand. or even if I can appeal after all this time. I have read everything on the site, and think that I have now run out of time. By the way, on the action plan back in march this year, Advisor had written to be reviewed in Mach 2012.


Hi R,

If you appealed, you should have received written notification.

Your appeal could not have been turned down in July without a Tribunal Hearing.

Appellants receive an automatic reconsideration on appealing, even if the decision is not changed at this stage it is then sent forward to the appeals process.

You are now beyond the month time limit, however there are some circumstances where a late appeal can be allowed.

See the link to the decision maker guide, at the bottom of this post. :

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=24#73341

bro58

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

Re:esa - Non appeal 6 years 3 weeks ago #74147

Thanks for that, but my point being I did not appeal, I complained about medical, was awaiting reply, before
I lodged an appeal. I understood to appeal you have to do so on Form GL/24.

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Re:esa - Non appeal 6 years 3 weeks ago #74148

bro58 wrote:

rapheal wrote:

I am very confused and would appeciate some help. Had my esa medical assessment
in Jan this year. was told by letter was placed in the wrag group. I asked for copy of medical, so appalled was I, that I wrote a letter of complaint about the medical, i.e. was so contradictary. Had interview with personal adviser in March this year, was told I had appealed? explained I had just complained about medical etc, advisor said it had been taken as an appeal. Cut a very long story. I had my second personal advisor interview today, where I was informed by (very helpful advisor) that my appeal(non-appeal) had been turned down in July this year. Well Nice of them to inform me. Also my contribution based esa will shortly cease. I was advised to ring the DWP and tell them I wish to appeal against the wrag for support group. and to fill in a GL/24.
I am not sure now where I stand. or even if I can appeal after all this time. I have read everything on the site, and think that I have now run out of time. By the way, on the action plan back in march this year, Advisor had written to be reviewed in Mach 2012.


Hi R,

If you appealed, you should have received written notification.

Your appeal could not have been turned down in July without a Tribunal Hearing.

Appellants receive an automatic reconsideration on appealing, even if the decision is not changed at this stage it is then sent forward to the appeals process.

You are now beyond the month time limit, however there are some circumstances where a late appeal can be allowed.

See the link to the decision maker guide, at the bottom of this post. :

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=24#73341

bro58


Hi R,

Having checked back, you were advised regarding appealing, and to gain written confirmation of your appeal, 4 months ago, here:

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=61438#61438

bro58

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Re:esa - Non appeal 6 years 3 weeks ago #74149

rapheal

Did you speak to the DWP following your posts in July regarding the Reconsideration you had requested?

As four months have now elapsed since your Reconsideration was completed, you are outside the normal period allowed for you lodge an appeal. However, since you do not appear to have receive notice of the completion of the Reconsideration, this may be sufficient Good Cause to still allow an appeal to be lodged.

If you wish to try this then you need to complete a GL24 appeal form explaining why you believe you met the Support Group criteria in January, and a covering letter explaining why the appeal is late. There is no way to say whether this be accepted.

Your ESA will remain payable until such time as you are found Fit for Work, or, if you are receiving ESA(CB), April 2012 when your entitlement will cease, due to changes to be introduced by the Welfare Reform Bill 2011, you may still be able to claim ESA(IR) if you meet the means test.

If you use our guides, you should make sure you use the old ones as the ESA descriptors were updated in April, and your Decision would have been made using the old ones.

Gordon

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Re:esa - Non appeal 6 years 3 weeks ago #74151

Thanks Gordon, yes I am aware I communicated 4 months ago, but? this was a letter of complaint, I read on this site "that an appeal has to be completed on a GL24 form", as I had not done this, I did not consider it an appeal. Yes I did ring in July, and was told I would get a reply to my letter at some stage.

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Moderators: bro58GordonMrs Hurtyback