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Grounds for Appeal

  • Mrs Fuse
  • Topic Author
11 years 4 months ago #94525 by Mrs Fuse
Grounds for Appeal was created by Mrs Fuse
Hello, im new to this and could really do with some advice.

Was migrated from IB to ESA December 2011, placed in support group after atos assessment due to 'exceptional circumstances'.

Have recently been reassessed and now placed in WRAG although there has been no change for the better since Dec 11, in fact condition has worsened.

Do you think that firstly this is grounds for appeal and secondly, should I ask for a reconsideration or go straight for an appeal.

Many thanks

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  • Hardyards
11 years 4 months ago - 11 years 4 months ago #94526 by Hardyards
Replied by Hardyards on topic Re:Grounds for Appeal
Hello Mrs F,

May I point you out to the B&W FAQs?

Welcome to Benefits and Work

Where to get advice?

The FAQs on Appeals: www.benefitsandwork.co.uk/appeals-faq

And (I almost forgot! sorry) the Guides:

ESA Claims and Appeals
www.benefitsandwork.co.uk/help-for-claimants/esa

I hope you find these of help :)
Last edit: 11 years 4 months ago by Hardyards. Reason: forgot bit of info

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11 years 4 months ago #94527 by Gordon
Replied by Gordon on topic Re:Grounds for Appeal
Mrs Fuse wrote:

Hello, im new to this and could really do with some advice.

Was migrated from IB to ESA December 2011, placed in support group after atos assessment due to 'exceptional circumstances'.

Have recently been reassessed and now placed in WRAG although there has been no change for the better since Dec 11, in fact condition has worsened.

Do you think that firstly this is grounds for appeal and secondly, should I ask for a reconsideration or go straight for an appeal.

Many thanks

In addition to the good advice from Hardyards (above), the burden of proof in regard the Exceptional Curcumstances lies wholely with the claimant, who needs to provide significant, relevant, and up to date medical evidence to qualify.

If you relied on your previous evidence to support new re-assessment, this may not have been enough to have placed you in the Support Group.

We normally advise appealing, as a mandatory Reconsideration will be carried out anyway, and if this does not change the Decision, you will certainly save time over you doing it the other way.

Gordon

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

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  • bro58
11 years 4 months ago - 11 years 4 months ago #94529 by bro58
Replied by bro58 on topic Re:Grounds for Appeal
Mrs Fuse wrote:

Hello, im new to this and could really do with some advice.

Was migrated from IB to ESA December 2011, placed in support group after atos assessment due to 'exceptional circumstances'.

Have recently been reassessed and now placed in WRAG although there has been no change for the better since Dec 11, in fact condition has worsened.

Do you think that firstly this is grounds for appeal and secondly, should I ask for a reconsideration or go straight for an appeal.

Many thanks


Hi MS,

As well as Hardyards good advice, as you were placed into The SG on Exceptional Circumstances rules, the "burden of proof" is on you to prove that you still qualify for SG.

Whereas, is you had been placed into the SG on one or more of The SG Functional Descriptor, as can be seen in :

Qualifying for the Support Group

The "burden of proof" would have been on The DWP ESA DM.

With respect to whether you should appeal in the first instance, our advice would be to appeal, as you will then receive an automatic reconsideration by a different DM, anyway.

If the WRAG decision is not changed at that stage, it will automatically be sent forward to The Appeals Tribunal Service, without any further actions by you.

You must appeal within one month of the date of the WRAG award letter, using GL24 form which can be downloaded from the link on this page :

How to submit an appeal

You may wish to request the Medical Reports and other documents that were used by the DM in coming to a decision, see :

ESA medical – what forms to ask for?

ESA Forms

You should also review our ESA Appeals Guide from here :

ESA Guides

Also have a look at all our : ESA FAQ’s and our: Appeals FAQ’s

bro58
Last edit: 11 years 4 months ago by bro58.

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