ESA how do lodge appeal

Hello all, I've been informed that I'm not entitled to ESA because I didn't get enough points based on my questionnaire and medical assessment report. I fully intend to appeal. I've looked through the Benefits and Work appeals guide but still unsure on the following points.

1. I've read advice on what to put in the reasons box when lodging an appeal, but it appears to be way too much text to fit on the GL24 form, how should I approach this? Send in the form and a covering letter with the extra information? State on the GL24 to refer to additional sheets of paper? Sorry, I'm a bit confused, it isn't clear to me from reading the guide.
2. Can I and should I add new medical evidence when I lodge the appeal? (I now have a supportive letter from my consultant). It could then be looked at and possibly a revision made without going all the way to tribunal? Or should I wait until later in the process?
3. At what stage do I request the ESA85 medical report and other evidence the DWP used to make their decision?
4. Does it make much difference if your representative can attend the hearing with you in person? The organisation I've spoken to will handle the appeal process over the phone for you but can't attend the actual hearing. The other option is to try and find a local organisation who will be able to attend with me on the day.

Thanks for any help.

hendrix wrote:

Hello all, I've been informed that I'm not entitled to ESA because I didn't get enough points based on my questionnaire and medical assessment report. I fully intend to appeal. I've looked through the Benefits and Work appeals guide but still unsure on the following points.

1. I've read advice on what to put in the reasons box when lodging an appeal, but it appears to be way too much text to fit on the GL24 form, how should I approach this? Send in the form and a covering letter with the extra information? State on the GL24 to refer to additional sheets of paper? Sorry, I'm a bit confused, it isn't clear to me from reading the guide.
2. Can I and should I add new medical evidence when I lodge the appeal? (I now have a supportive letter from my consultant). It could then be looked at and possibly a revision made without going all the way to tribunal? Or should I wait until later in the process?
3. At what stage do I request the ESA85 medical report and other evidence the DWP used to make their decision?
4. Does it make much difference if your representative can attend the hearing with you in person? The organisation I've spoken to will handle the appeal process over the phone for you but can't attend the actual hearing. The other option is to try and find a local organisation who will be able to attend with me on the day.

Thanks for any help.

Hi H,

The GL24 forms do not have that much space.

It is fine to refer to extra A4 pages if you need to.

Make sure that you number any added pages 1 of 4, 2 of 4, 3 of 4, 4 of 4, etc, etc, put your Name, NI number, and DOB, on any added pages also.

Keep copies of everything, and post by recorded delivery.

If you wish to have a chance of the adverse decision being changed at the automatic reconsideration stage , you only have around a 4 week window from when you submit your appeal, so in this case send any new evidenece in with your GL24, or as soon after as possible.

You should send for any ESA reports ASAP, if then you find evidence in them that may help with your appeal, you can submit further evidence, the main issue is not to miss the 1 month deadline.

It helps if a representitive is there with you, but any questions would be directed to you anyway, many members are sucessful with out having a Rep present.

bro58

Thank you very much for your help bro58.

I tried to phone up my processing office at Jobcentre plus to advise that I am appealing and make sure I can continue to receive some benefit in the meantime and was told I needed to send in a medical certificate 'fit' note with the appeal. I had no idea about this. I phoned my doctor's surgery and the receptionist asked what dates the note is for, how long? I don't know what it should say, any idea?

hendrix wrote:

Thank you very much for your help bro58.

I tried to phone up my processing office at Jobcentre plus to advise that I am appealing and make sure I can continue to receive some benefit in the meantime and was told I needed to send in a medical certificate 'fit' note with the appeal. I had no idea about this. I phoned my doctor's surgery and the receptionist asked what dates the note is for, how long? I don't know what it should say, any idea?

Hi H,

If you are appealing a "fit for work" decision, you do have to provide a "sick note"/ "fit note" from your G.P., as well as submitting your appeal on the GL24.

The "sick note " should cover you from the date of disallowance of your ESA.

You should keep a copy of the "sick note" and post by recorded delivery.

Once they have your GL24, and your "sick note" you should then be entitled to the Assessment Rate of ESA.

You should read the Appeals & ESA sections in our FAQ's from here :

FAQ’s

You can access our recently updated ESA Appeals Guide Jan 2012, from here :

ESA Guides

In particular have a look at these pages from our FAQ's, as above :

How long do I have to appeal?

How to submit an appeal

Is there any risk to challenging a decision?

How long to hear an appeal?

Do I have to attend WFIs while I appeal?

ESA medical – what forms to ask for?

ESA Forms

Qualifying for the WRAG

Qualifying for the Support Group

I hope that this helps to clarify the issue.

bro58

I've received copies of the evidence the DWP used to make their decision, presumably in response my requested under the DPA 1998. I don't think this is the 'bundle' I've read about in the guidance notes, does that come later? The evidence comprises my ESA50 and the HCP's ESA85 form along with decision makers score sheet and LT54. There are some inaccuracies in the HCPs report.

I've already lodged my appeal, a few weeks ago, and I'm wondering when the best time is to respond to inaccuracies in the evidence used by the DWP. Is there a time limit I need to be aware of in order that new information I provide can be considered at the review stage?

I have confirmation over the phone that my appeal has been received but no acknowledgement in writing, should I request this?

Many thanks.

The information you have already received is not the full bundle of papers which will be sent to you in due course by the Tribunals Service.

As you have already submitted your preliminary grounds of appeal, this should be acknowledged in writing by the DWP. I would certainly recommend that you contact the office which deals with your ESA claim and ask for a written receipt. The ESA decision maker may consider any further (new) evidence prior to sending a case to appeal, but you need to be aware what is happening with your outstanding appeal?

If a reconsideration turns out to be unsuccessful and your case is referred for an appeal hearing, the best time for submitting further comments/observations is when you receive the appeal bundle, at which point you will know the area(s) of dispute as to why you are not entitled to ESA?

Further information can be obtained from the guide entitled "Employment and Support Allowance appeals" in the ESA resources.