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Lovely letter from Jobcentre Plus re: my appeal

  • hurcouk
  • Topic Author
12 years 2 months ago #79384 by hurcouk
I am in the process of appealing against the DWP’s decision that I do not have limited capability for work.

I submitted my appeal pretty much as outlined on this website and then I wrote to the DWP over a month ago asking for copies of the ESA85, ESA113, Any queries, requests for clarification, correspondence, memos, emails or other communications between ATOS health professionals and the decision maker in relation to my claim or any notes or records of conversations between ATOS and the DWP, etc.

Today I received a lovely letter from Jobcentre Plus saying the law says they can only deal with an appeal when it has been made in the right way. They were sending my letter back because they need more information. They have requested that I tell them in writing the reason why I want to appeal against the decision and that I need to expand on my condition/illness and why it prevents me from taking work at this time. They finished by saying I must reply within 14 days and if I do not reply within 14 days they will send my appeal to the Tribunals Service for them to decide if my appeal can go ahead.

Does anyone have any experience or advice regarding this sort of letter?

Thanks in advance,
Keith

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12 years 2 months ago #79394 by shrinathji
Hi Kieth,

My husband got exactly the same letter and is still awaiting his paperwork, as DWP were told that a proper GL24 was submitted with a clear explonation as to why he should be in the S/G.

He is still waiting for his paperwork.


Radhika.

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  • hurcouk
  • Topic Author
12 years 2 months ago #79403 by hurcouk
Hi Radhika,

Thanks for the reply. What do you mean your husband is still waiting for his paperwork? Do you mean from the DWP or from the Tribunal Service?

I've got to give more details to the DWP within 14 days; has your husband given them any more information? I'm worried that the DWP want all my evidence before the Tribunal so that they can be forewarned!

Keith.

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  • bro58
12 years 2 months ago #79415 by bro58
hurcouk wrote:

Hi Radhika,

Thanks for the reply. What do you mean your husband is still waiting for his paperwork? Do you mean from the DWP or from the Tribunal Service?

I've got to give more details to the DWP within 14 days; has your husband given them any more information? I'm worried that the DWP want all my evidence before the Tribunal so that they can be forewarned!

Keith.


Hi H,

If you used a GL24, which can be downloaded from this page :

How to submit an appeal

Although, a letter should also be accepted.

And the appeal was submitted as in our most current ESA Appeals Guide Jan 2012, here :

ESA Guides

There really should be no reason why your appeal is not being accepted.

You should query this, if necessary seek advice :

Where to get advice?

bro58

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  • hurcouk
  • Topic Author
12 years 2 months ago #79418 by hurcouk
Hi,

Did submit a GL24. It was my GL24 and my letter requesting better and further particulars, that has elicited this response from the DWP.

I was just wondering if anybody else had received this type of letter. I don't want to give the DWP every detail of my appeal at this time and yet I want to make sure I supply enough details to ensure my case goes all the way to tribunal.

Anyone got any advice?

Thanks,
Keith.

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12 years 2 months ago #79419 by shrinathji
Hi Kieth,

No my husband did not have to give more details as i phoned DWP and told them to refer to his ESA50 form which was so detailed that even someone with no medical knowledge would be able to see that my husband should be in S/G.

Furthermore, we sent a GL24 clearly stating that enough evidence was provided that he does not have limited capability for work related activities and the D/M did not take full account of his disabilities and the way that they affect him on a daily basis.

During my phone conversation i also questioned as to what more could they possibly want. The young man was obviously taken back and said he would relay this to the D/M and to ignore the form.

To cut a long story short my husband was put in S/G at reassessment so did not have the hassle of a tribunal. However, i am still chasing the S/G paperwork from November 2011!!! Even after sendig requests recorded delivery.!!!!

Hope this helps.

If you have any more questions, feel free to ask, i will try my best to help.

Radhika.

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