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wrag to support appeal - reconsider or appeal?

  • sheilauk
  • Topic Author
11 years 4 months ago #93807 by sheilauk
Hi there,
New to this great site few days ago. :-)
I got no points for ESA medical and worried for nine months waiting from my appeal tribunal. I went to 15 points and came away emotionally exhausted on the Friday. Saturday I started to feel relieved a bit. Sunday was devastated when I realised that I was in a WRAG group (knew nothing about it). As my appeal took so long money due to finish end of the year. I feel I cant go on much longer with all the pressure but know I must.
My question is - should I ask them to re-consider initially and write a letter and maybe get a supporting letter from my GP or should I go straight to appeal?
Sorry if Ive rambled, hope you can help.
sheilauk

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11 years 4 months ago #93811 by Gordon
sheilauk wrote:

Hi there,
New to this great site few days ago. :-)
I got no points for ESA medical and worried for nine months waiting from my appeal tribunal. I went to 15 points and came away emotionally exhausted on the Friday. Saturday I started to feel relieved a bit. Sunday was devastated when I realised that I was in a WRAG group (knew nothing about it). As my appeal took so long money due to finish end of the year. I feel I cant go on much longer with all the pressure but know I must.
My question is - should I ask them to re-consider initially and write a letter and maybe get a supporting letter from my GP or should I go straight to appeal?
Sorry if Ive rambled, hope you can help.
sheilauk

I am afraid that as this Decision was from a Tribunal panel, your only way forward is to either challenge the Decision on the basis that their has been Error of Law, or, if your condition has deteriorated since the original Decision that you were Fit for Work, such that you meet the criteria for the Support Group, you can request a SuperSession (re-assessment) of your claim.

In the case of the former, you first need to Request a Statment of Reasons, however, beyond this we are limited on the advice that we can get and you would be best served finding an advisor with experience in this area. See

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

In the case of a SuperSession, you must supply new evidence that shows that you meet the criteria for the Support Group. See

Is there any risk to challenging a decision?

Qualifying for the Support Group

Neither of these actions, unless successful in placing you in the Support Group, will stop your ESA(CB) being time limited.

I assume that you have investigated whether you would be eligible for Income Related ESA!

Gordon

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

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  • sheilauk
  • Topic Author
11 years 4 months ago #93813 by sheilauk
Thanks for your reply.
Ive never heard of a superssion. Is it in the guidelines I may not have read yet how I would go about requesting one?
The medical gave me no points but the the Tribunal gave me 15 points two weeks ago and said suggest not to reassess for two years.
I have just over 2 weeks to respond. I dont think there is any point of law problem.
My condition(s) have got worse so I want to them to reconsider and put me in the support group. Its only by reading some of the guidelines I realise I may have answered some incorrectly as I didnt know what some of the questions were referring to.
I had someone to help rtepresent me but he got sick so ended up doing the Tribunal on my own last minute.
Thank you,
Sheila

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11 years 4 months ago #93828 by Gordon
sheilauk

You should be able to request a SuperSession by contacting your local DWP office, although you may need to explain what it is you are requesting.

There is no specific timescale for requesting a Supersession, unlike any action you may wish to take with regard your appeal. A SuperSession will likely result in your receiving a new ESA50 and you may well be required to attend a face to face assessment.

Please be aware, as you are the one requesting the review, the burden of proof lies wholly with you.

Gordon

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