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TOPIC: esa - Non appeal

Re:esa - Non appeal 6 years 3 weeks ago #74154

Hi Raph,

I am confused now as in your post 4 months ago you said you had appealed in writing on Feb 14th, see extract here:

"can anyone help please. I had my work capability medical in jan of this year. I was placed in the wrag group. I asked for my medical report, after reading I appealed by phone, and then a letter on 14 Feb"

The problem seems to be that you didn't chase the DWP for written recognition as we advised at the time.

However, if the DWP do accept that you appealed, then they have not stuck to procedures, as Gordon states in his post, because of this you may have grounds for a late appeal as he suggests.

A request for appeal does not always have to be on a GL24, it can just be in a written request, even though it is advisable to use GL24 to avoid confusion.

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 #74155

bro58 wrote:

Hi Raph,

I am confused now as in your post 4 months ago you said you had appealed in writing on Feb 14th, see extract here:

"can anyone help please. I had my work capability medical in jan of this year. I was placed in the wrag group. I asked for my medical report, after reading I appealed by phone, and then a letter on 14 Feb"

The problem seems to be that you didn't chase the DWP for written recognition as we advised at the time.

However, if the DWP do accept that you appealed, then they have not stuck to procedures, as Gordon states in his post, because of this you may have grounds for a late appeal as he suggests.

A request for appeal does not always have to be on a GL24, it can just be in a written request, even though it is advisable to use GL24 to avoid confusion.

bro58


Hi raph,

As a post script, if you are saying that you did not intend to appeal, and in fact didn't appeal, then you will have less grounds for a late appeal.

I feel that you are as confused as I am. :)

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 #74324

Thanks for your help last night, To recap. I received the decision to place me in the wrag group. I rang and asked them to look at the decision again, (went into the reasons) at the same time, asked for a copy of the medical, which, when I received it, I was so incensed, that I wrote a letter of complaint. In March, personal advisor said I had appealed, (my letter had been treated as an appeal.) So that is wehere I was at, when I rang in June was told I would hear from them. Then yesterday at my second interview was advised by advisor, that a decision had been reached in July, I had been turned down for support group. I was not informed, so I think I should have grounds to appeal against their decision. Advisor also told me I should appeal again on the form GL24. So as they did not inform me of the decision, I think I have grounds (even though it is out of the time Limit). Sorry if I confused you all. This whole process is exhausting. Was told by the advisor that I should also appeal to for higher rate of DLA, Told her I was to tired and stressed to do this, as I had to fight to get the lowest rate for care component.
Thanks for your help yesterday.

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Moderators: bro58GordonMrs Hurtyback