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Appeal opened, dwp ignorned it
- r3d4
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11 years 9 months ago - 11 years 9 months ago #89267 by r3d4
Appeal opened, dwp ignorned it was created by r3d4
Hello,
I have been struggling for a few years with the effects of heavy metal poisoning.
I had been claiming ESA in support group, received a letter telling me my payments were changing due to me being switched to WRA group. I had no medical for this.
I appealed this decision and received a confirmation letter explaining they had received my appeal and intended to look at decision again.
About a month later i received a letter from atos with an appointment date for a medical. I attended and was awarded 0 points. Next I got a letter from dwp telling me i am not eligible for esa. I understand there are time limits, so have sent an appeal in for this decision.
Should the first appeal have been properly concluded before any subsequent medicals or decisions were made?
How do I go about asking dwp to process my original appeal?
Thanks for your attention
I have been struggling for a few years with the effects of heavy metal poisoning.
I had been claiming ESA in support group, received a letter telling me my payments were changing due to me being switched to WRA group. I had no medical for this.
I appealed this decision and received a confirmation letter explaining they had received my appeal and intended to look at decision again.
About a month later i received a letter from atos with an appointment date for a medical. I attended and was awarded 0 points. Next I got a letter from dwp telling me i am not eligible for esa. I understand there are time limits, so have sent an appeal in for this decision.
Should the first appeal have been properly concluded before any subsequent medicals or decisions were made?
How do I go about asking dwp to process my original appeal?
Thanks for your attention
Last edit: 11 years 9 months ago by Gordon.
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- slugsta
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11 years 9 months ago #89268 by slugsta
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Replied by slugsta on topic Re:Appeal opened, dwp ignorned it
With appeals taking so long to be heard, it is not uncommon for reassessment to take place before the appeal has been decided. However, you seem to have been reassessed twice in the space of several months which is unusual.
You might need to phone DWP for clarification of what is actually happening.
You might need to phone DWP for clarification of what is actually happening.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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11 years 9 months ago - 11 years 9 months ago #89270 by Gordon
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Replied by Gordon on topic Re:Appeal opened, dwp ignorned it
r3d4
Unfortunately there is a risk associated with appealing an award, as you have found out.
The medical would have been required as part of the DWP's Reconsideration process, which is it self, part of the appeal process.
As the DWP have not changed their Decision in your favour, your original appeal should still be active, and now that the Reconsideration stage has been completed, they should be forwarding your papers to the Tribunal Service.
Having said that, it would be worth you checking with the DWP that this is happening, as their admin is becoming worse, and it wouldn't surprise me if they fail to do this.
On the assumption that your original appeal is still active, the second one should be rejected.
Make sure you have a look at our ESA appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and our appeal FAQs
www.benefitsandwork.co.uk/appeals-faq
Gordon
Unfortunately there is a risk associated with appealing an award, as you have found out.
The medical would have been required as part of the DWP's Reconsideration process, which is it self, part of the appeal process.
As the DWP have not changed their Decision in your favour, your original appeal should still be active, and now that the Reconsideration stage has been completed, they should be forwarding your papers to the Tribunal Service.
Having said that, it would be worth you checking with the DWP that this is happening, as their admin is becoming worse, and it wouldn't surprise me if they fail to do this.
On the assumption that your original appeal is still active, the second one should be rejected.
Make sure you have a look at our ESA appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and our appeal FAQs
www.benefitsandwork.co.uk/appeals-faq
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #89272 by Gordon
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Replied by Gordon on topic Re:Appeal opened, dwp ignorned it
r3d4
Just to clarify.
Did you complete another ESA50 prior to the medical?
Gordon
Just to clarify.
Did you complete another ESA50 prior to the medical?
Gordon
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- r3d4
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11 years 9 months ago #89278 by r3d4
Replied by r3d4 on topic Re:Appeal opened, dwp ignorned it
Thanks for your help Mrs Hurtyback and Gordon.
Yes Gordon I was sent and completed another ESA50 before the medical.
Yes Gordon I was sent and completed another ESA50 before the medical.
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11 years 9 months ago #89285 by Gordon
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Replied by Gordon on topic Re:Appeal opened, dwp ignorned it
r3d4 wrote:
Gordon
How many weeks/months was it between the ESA50 you completed that placed you in the WRAG and the second ESA50 that resulted in a Fit for Work Decision?Thanks for your help Mrs Hurtyback and Gordon.
Yes Gordon I was sent and completed another ESA50 before the medical.
Gordon
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