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ESA Appeals query

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12 years 2 months ago #78977 by likely
ESA Appeals query was created by likely
I would be most grateful if anyone could help me with my confusion re appealing.In the B&W appeals guide page 7 it says (You can request that the DWP send an
explanation for the decision and if you do so the deadline for the appeal will be extended by 14 days. We would not advise you to do this.

Getting copies of the DWP evidence would this be a different request? or I am I just being thick.With appreciation for any advice. Thankyou.

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12 years 2 months ago #78984 by Gordon
Replied by Gordon on topic Re:ESA Appeals query
Likely

The issue boils down to ensuring that you appeal is received by the DWP within the one month normally allowed.

As the guide goes onto to say, requesting documents can lead to confusion as to when the appeal must be returned, and may not result in the claimant being any the wiser as to how to proceed.

See the following FAQs

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Gordon

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

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  • bro58
12 years 2 months ago - 12 years 2 months ago #78985 by bro58
Replied by bro58 on topic Re:ESA Appeals query
likely wrote:

I would be most grateful if anyone could help me with my confusion re appealing.In the B&W appeals guide page 7 it says (You can request that the DWP send an
explanation for the decision and if you do so the deadline for the appeal will be extended by 14 days. We would not advise you to do this.

Getting copies of the DWP evidence would this be a different request? or I am I just being thick.With appreciation for any advice. Thankyou.


Hi L,

Having read the extract that you speak of on page 7, as you will also see it advises against this.

It is far better to submit your appeal within the 1 month deadline.

For ESA documents that you may wish to request to aid your appeal, see :

ESA medical – what forms to ask for?

ESA Forms

These requests can be made under a Subjecy Access Request (SAR) as stated, under Data Protection, however the DWP do then have 40 days to provide any such information requested.

You can download a SAR form from this link :

Use the request for personal information form (61KB) RTF

On this page :

www.dwp.gov.uk/privacy-policy/data-protection/

You could request the necessary ESA forms over the phone, backed up in writing.

You should ensure that you do not miss the 1 month deadline to appeal, as it can be most difficult to submit a late appeal.

bro58
Last edit: 12 years 2 months ago by bro58.

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