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what should i ask for to find out why i got denied

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11 years 3 months ago - 11 years 3 months ago #97429 by RH2012
hi, i requested a esa85a report.
Will this have everything i need to mount an appeal?

I spoke to my m.e specialist and she said it would be really helpful to find out why they think i could be in the wrag and not the support group.

I will get the GL-24 form tomorrow and have read through the guides you suggested.
So can i just fill the GL-24 in and say i wish to appeal and say i will send GP report and specialist report at a later date?

What discriptor would i meet having M.E ?

Also, after getting ESA in the wrag for 12 months what happens after that for people?

I really cannot believe me and many other have to go through all this worry and stress on top of our struggle we have already.

thanks for any help.
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #97434 by Gordon

RH2012 wrote: hi, i requested a esa85a report.
Will this have everything i need to mount an appeal?

I spoke to my m.e specialist and she said it would be really helpful to find out why they think i could be in the wrag and not the support group.

I will get the GL-24 form tomorrow and have read through the guides you suggested.
So can i just fill the GL-24 in and say i wish to appeal and say i will send GP report and specialist report at a later date?

What discriptor would i meet having M.E ?

Also, after getting ESA in the wrag for 12 months what happens after that for people?

I really cannot believe me and many other have to go through all this worry and stress on top of our struggle we have already.

thanks for any help.


First, can I clarify whether you have a face to face assessment or not. If you did then the relevant form is an ESA85 not ESA85A.

As to the content, it may explain everything or very little! I am afraid the quality of writing in the ESA85(A) can be quite variable, but it should give you an indication of why you have been placed in the WRAG. you may, by implication, be able to figure out why you have not been placed in the Support Group, but this cannot be guaranteed.

The following FAQ has a list of available documents

ESA medical – what forms to ask for?

There may also be an ESA72.

You do not have to go into detail on the GL24 and it is acceptable for you to provide further information at a later date. Any appeal will first be Reconsidered by the DWP, so if you want to get the Decision overturned in the short term then you need to provide any additional evidence within 3-4 weeks, otherwise you can submit it to the Tribunal Service for your appeal.

Whilst a diagnosis (M.E.) will be supportive of your stated limitations, it does not directly relate to the ESA descriptors, which are considered in isolation, so you need to look at each of the Support Group descriptors, and based on how you are for the majority of the time, decide which ones you might meet. See

Qualifying for the Support Group

If you are receiving Contribution Based ESA, then your payments will be limited to 365 days while you remain in the WRAG, your appealing will not change this. If you are on Income Related ESA, or receiving an ESA(IR) top-up to your ESA(CB), then your payments will continue.

If you do appeal, then you should also review the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

If you have further questions, please reply to this topic.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.

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