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11 years 4 weeks ago #100079 by Gordon
Replied by Gordon on topic Permitted work
Andy

You can raise it with your JC+ advisor, but as far as I am aware, only a DWP Decision Maker can make any decision in regard your doing PW.

What I would say, is that by placing your request in writing, you are establishing an audit trail regarding this and also ensure that your plans are properly communicated to the DM.

Your appeal is re-making the original Decision, so anything connected with your claim now will not be relevant to the hearing, however, if your claim is closed, either by you or the DWP, then obviously this will limit any award made by the Tribunal.

Gordon

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11 years 3 weeks ago - 11 years 3 weeks ago #100150 by Andrew Roberts
Replied by Andrew Roberts on topic Permitted work
1) Hi there, as you already know my case has gone to appeal (for the Support Group) and I have been told it will take about 9-12 months. I have had nothing in writing to confirm that it has gone to appeal and when I phoned them, they said they don’t send anything in writing until just before the appeal. I have not had to fill in any forms for this. Because the DWP seem so disorganised, I am worried that my case hasn’t gone anywhere and in 12 months they say it hasn’t gone to appeal. Do I need something in writing from them to confirm this?

2) I do have additional information to support my case and I was told I don’t need to send it, but I can show this when my case comes round. Are they right with this or do I need to send the additional information now? They all tell you different things when you call and it gets confusing.

3) As I suffer with terrible anxiety, is there anything I can do to prepare for the Tribunal so I can understand what to expect and the sort of things they may ask me. I think Welfare Rights may actually come with me.

4) My MP has also agreed to help me with my case. If I get my MP involved, can he do something different to what I can. I mean, can he stop my appeal going through and get me right into the Support Group. Can he speed up the appeal process?
Last edit: 11 years 3 weeks ago by Gordon.

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11 years 3 weeks ago - 11 years 3 weeks ago #100160 by Gordon
Replied by Gordon on topic Permitted work

Towser 297 wrote: 1) Hi there, as you already know my case has gone to appeal (for the Support Group) and I have been told it will take about 9-12 months. I have had nothing in writing to confirm that it has gone to appeal and when I phoned them, they said they don’t send anything in writing until just before the appeal. I have not had to fill in any forms for this. Because the DWP seem so disorganised, I am worried that my case hasn’t gone anywhere and in 12 months they say it hasn’t gone to appeal. Do I need something in writing from them to confirm this?


You should have received confirmation that your request for an appeal had been received by the DWP.

The statement that they do not send anything until just before the appeal is incorrect, in fact once the DWP have passed your papers to the Tribunal Service they should have no direct contact with you on this matter, as all correspondance by them and you should be through the Tribunal Service.

They will send you an appeal pack, containing all of the information they used to make the original Decision on your appeal.

2) I do have additional information to support my case and I was told I don’t need to send it, but I can show this when my case comes round. Are they right with this or do I need to send the additional information now? They all tell you different things when you call and it gets confusing.


On the assumption that you are still waiting for a Reconsideration to be done by the DWP, then there is every reason to send this information in as it may result in a postive Decision being made sooner rather than later. You should send the information to the DWP office that normally deals with your claim, see

Sending Documents to the DWP or ATOS

If your appeal has already been sent to Tribunal Service then this and any further information will need to be sent to them, there should be an address on the letter they sent you.

3) As I suffer with terrible anxiety, is there anything I can do to prepare for the Tribunal so I can understand what to expect and the sort of things they may ask me. I think Welfare Rights may actually come with me.


Have a look at our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

The following fact sheet may also be of assistance

Disability Rights UK Factsheet - Appeals and reconsiderations

4) My MP has also agreed to help me with my case. If I get my MP involved, can he do something different to what I can. I mean, can he stop my appeal going through and get me right into the Support Group. Can he speed up the appeal process?


Your MP may be able to expedite the process, but they cannot interfere in the legal process that constitutes an appeal.

Gordon

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

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11 years 3 weeks ago - 11 years 3 weeks ago #100166 by Andrew Roberts
Replied by Andrew Roberts on topic Permitted work
Hi there, I am not sure if it was classed an an appeal. I had been on ESA for over 365 days and my welfare rights man sent a letter to the DWP asking them to consider me for the Support Group. I was told that it went to reconsideration and they said no change would be made. I then sent a note from my GP to the DWP and it was reconsidered again and told no change would be made. I was then told it was going to appeals and would take between 9-12 months until I hear something. I have phoned them about 8 times and they have told me different things. When I last called the women assured me that I wouldnt get any documentation from them until before the appeal and there was no point in sending in any additional information. Your saying that I should of had some information from them but they say they dont send it. What shall I do (please please help me). I cant get any sense from them because they just keep saying something different every time I phone and dont seem to know what is going on? Please can you give me some idea of what I can do.


when you said

Your MP may be able to expedite the process, but they can interfere in the legal process that constitutes an appeal.

(did you mean that they cant't interfere in the legal process ?

Shall I now get my MP involved do you think. Its making me so ill and I dont have a clue what is going on.

Thanks

Andy.
Last edit: 11 years 3 weeks ago by Gordon.

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11 years 3 weeks ago #100176 by Gordon
Replied by Gordon on topic Permitted work
Andy

Yes, that should have been "cannot interfere" :blush:

I think you need to speak to the DWP again to confirm that an appeal has actually been lodged.

An appeal must be in writing, whilst it does not have to be on a GL24 appeal form, any letter requesting one must clearly identify that you wish to appeal and must also include the basic information required on the GL24.

If a letter is not correctly worded then at best, the DWP will contact the claimant to correct the errors, and at worst, the request mayt not be considered an appeal, but a request for a Reconsideration.

It is important that you are given a definitive statement by the DWP, as their is an absolute limit of 13 months for making an appeal from when the original Decision was made, and by your posting you are already over this.

As you have called a number of times with different results, you are entitle to escalate the issue to a Customer Services manager, which normally requires a call back.

You mentioned that you had some help from a Welfare Advice agency, have you spoken to them again about the problems you are having, they may be able to give you more detailed advice and assistance that we can do on the forum?

Anything your MP is able to do, will definitely be of assistance, so do not hesitate to contact them again with an update.

Gordon

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

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