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Before I make my ESA appeal...

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11 years 9 months ago - 11 years 9 months ago #87258 by elaine pyrke
Before I make my ESA appeal... was created by elaine pyrke
I just had my letter telling me I’m being put in the WRAG on transfer from IB to ESA. I think I should be in the Support Group, and need to be if I’m to continue getting benefits beyond one year. So I shall appeal - and I need to do it before I go on holiday in 10 days time for a fortnight.

The letter says I can ask for an explanation and/or a statement of reasons – what is the difference between these two, and am I likely to get them within ten days?

Will either of them give me any more information than a Subject Access Request? I am intending to make a SAR, but I don’t suppose that will come any quicker.

I know from the Appeals guide that I can put a basic holding statement on the GL24 saying I will give grounds for the appeal later – but is it worth dropping a hint by saying at this stage that the medical was conducted by a nurse not a doctor with experience of neurological illness?

Many thanks

Elaine
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #87261 by Gordon
Replied by Gordon on topic Re:Before I make my ESA appeal...
Elaine

The official document is the Statement of Reasons so I would stick with that.

It is possible that your request will be serviced within 10 days, but based on the current state of the system, it is unlikely. A SAR has to be responded to within 40 days or a written explanation for its lateness has to be provided.

Whilst you do not need to provide detailed evidence with the GL24 there is an expectation that you will send the DWP any additional content within 4 weeks of lodging the appeal, if you are no able to to this then you should notify them of the delay.

The the medical was carried out by a nurse may not be of any relevance, providing that ATOS have complied with the DWP's guidance on the matter, as all ATOS "doctors" must meet the minimum requirements for an Approved Disability Analysts.

You may have already read it, but can I direct you to the following FAQ

Is there any risk to challenging a decision?

Finally, can I remind you that you are required to notify the DWP that you will be away from home.

Gordon

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11 years 9 months ago #87266 by Derek4
Replied by Derek4 on topic Re:Before I make my ESA appeal...
Hi Elaine

I'm not entirely sure what an explanation is; the statement of reasons simply tells you what descriptors you did or didn't satisfy, but has very little useful information.

The guides do not recommend asking for an explanation or SoR due to the risk of missed deadlines. The most important thing is to make sure you do not delay sending the GL24 form.

Your SAR should contain far more comprehensive information regarding the decision and evidence used, which you can look at after you've sent the GL24.

Good luck

Derek

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11 years 9 months ago #87398 by elaine pyrke
Replied by elaine pyrke on topic Re:Before I make my ESA appeal...
Thanks Gordon and Derek for your replies.

I’ve now posted a SAR, and next week before I go away I’ll post a GL24. I’m tempted to ask for a Statement of Reasons instead as a delaying tactic because of my holiday, but I suppose I could write on the GL24 that I’ll be waiting on the SAR before giving reasons for the appeal.

Thanks for the reminder about telling them I’ll be away – I am a bit worried that a letter will come calling me in for a WFI with a date before I get back, I don’t know how much notice they give – shall I just mention it in a covering letter with the GL24? I’ve never had any correspondence from the local Jobcentre; my benefits are usually dealt with by Carlisle BDC; and the ESA letter came from Edinburgh, so that’s where the appeal goes to. My ESA starts 19 June, I’m on holiday 15th till 30th – I did put it down on my ESA50.

Actually, although the ESA leaflet I’ve seen online says you have to tell them if you’re away even for one day, I haven’t actually been sent that leaflet, so I don’t think they can reasonably expect me to know. The current IB leaflet doesn’t say you have to tell them you’re away at all. (I tried searching for this on the site but most references to holidays are to Holiday Whitehead!) Edinburgh did enclose a leaflet ‘Jobseeker’s Allowance Disagreeing with a decision’, oddly.

Thanks again,
Elaine

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11 years 9 months ago #87403 by Gordon
Replied by Gordon on topic Re:Before I make my ESA appeal...
Elaine

The problem with using the Statement of Reasons as a means of extending the period to lodge an appeal, is that your request must be explicit, if you asked for all documents related to your claim on your SAR, then this would not be an explicit request.

The requirement to notify the DWP about when you are away from home is detailed on the ESA40 which claimants should receive when they make a claim. See

www.direct.gov.uk/prod_consum_dg/groups/...lasset/dg_172082.pdf

It was also included on the IB40.

You normally receive 7 days written notice of a WFI, the letter will come from your local JC+ office, not you local DWP office, so you will need to contact them in preference.

Gordon

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11 years 9 months ago - 11 years 9 months ago #87458 by elaine pyrke
Replied by elaine pyrke on topic Re:Before I make my ESA appeal...
Thanks Gordon.

I take your point about the Statement of Reasons, it would be a bit odd following a SAR, so I’ll stick with sending a GL24.

With the going away from home thing, I’ve never actually had an ESA40 or anything about ESA apart from the ESA50 and the decision letter and they don’t have anything about it. I don’t think I ever had a IB40 – I went from Statutory Sick Pay on to IB while still in employment in 2005, and the 2012 leaflet about IB which came with the April uprating definitely doesn’t list it as something you have to tell them. (I fully agree that it would be sensible to tell them, but I just don’t think they should expect me to know something they haven’t told me.)

Anyhow, thanks again

Elaine
Last edit: 11 years 9 months ago by Gordon.

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