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ESA Appeal
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11 years 1 month ago - 11 years 1 month ago #100619 by JLP
ESA Appeal was created by JLP
Hi,I posted recently that I had been put on ESA in the WRAG. I was advised to appeal in order to get put in the support group. I was told to ask for what medical evidence they have for my case and any decision notes for my claim. Their reply arrived today in a letter CAP23 which is a standard DWP letter. They have not given me what I requested. I'm not sure how to proceed. Should I write back and ask again for their notes, or is this the way it usually works?
In this letter they say “If you have further evidence which supports your appeal please send it to us” should I send copies of my hospital appointments and hospital letters? I have hundreds of these.
Do I need to prepare written arguments as to why at this stage they need to reconsider, as I havent had access to any of their paperwork, so how can I argue/present my case if I dont have this info?
How long do I have to get this info together does anyone know? It doesnt give any time limits.
At this stage can I represent myself or do I need to go to the CAB or whoever?
In this letter they say “If you have further evidence which supports your appeal please send it to us” should I send copies of my hospital appointments and hospital letters? I have hundreds of these.
Do I need to prepare written arguments as to why at this stage they need to reconsider, as I havent had access to any of their paperwork, so how can I argue/present my case if I dont have this info?
How long do I have to get this info together does anyone know? It doesnt give any time limits.
At this stage can I represent myself or do I need to go to the CAB or whoever?
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago - 11 years 1 month ago #100629 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
Hi JLP
It is unlikely that this letter is in connection with your request for your documents, it is far more likely that is was produced by the Decision Maker looking at your claim.
With regard the documentation, I would contact the DWP office dealing with your claim for an update.
In terms of evidence for your appeal and specifically in relation to the Reconsideration stage, you have two options, or a combination of the two if time allows.
If there is additional evidence, or new evidence you can procure in time for the Decision Maker to consider, then you should do so.
If you do not or you believe that you have already provided sufficient evidence to justify your claim, then you could write a submission to the DM, hi-lighting where you believe that you meet the criteria for the Support Group.
In either case, I would include a note, stating that at the time of writing, you have not received any of the documents used in making the original Decision, assuming that remains the case.
I hope this helps
Gordon
It is unlikely that this letter is in connection with your request for your documents, it is far more likely that is was produced by the Decision Maker looking at your claim.
With regard the documentation, I would contact the DWP office dealing with your claim for an update.
In terms of evidence for your appeal and specifically in relation to the Reconsideration stage, you have two options, or a combination of the two if time allows.
If there is additional evidence, or new evidence you can procure in time for the Decision Maker to consider, then you should do so.
If you do not or you believe that you have already provided sufficient evidence to justify your claim, then you could write a submission to the DM, hi-lighting where you believe that you meet the criteria for the Support Group.
In either case, I would include a note, stating that at the time of writing, you have not received any of the documents used in making the original Decision, assuming that remains the case.
I hope this helps
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago - 11 years 1 month ago #100693 by JLP
Replied by JLP on topic ESA Appeal
Hi thanks for replying to my question. Yes it says a decision maker will look again at the decision. Do you think I should phone them and ask if they are going to send my documents through? The later is signed "Decision making and Appeals Team.
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #100694 by Gordon
Yes
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
JLP wrote: Hi thanks for replying to my question. Yes it says a decision maker will look again at the decision. Do you think I should phone them and ask if they are going to send my documents through? The later is signed "Decision making and Appeals Team.
Yes
Gordon
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11 years 1 month ago - 11 years 1 month ago #100696 by JLP
Replied by JLP on topic ESA Appeal
Hi, am not actually at an appeal yet, is that what your saying? is it just a review type thing?
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #100698 by Gordon
When you appeal the DWP will first carry out a Reconsideration of your claim, a different Decision Maker will look at all of the evidence available, including anything that you send to them, providing it is received in time, to see whether they should revise the Decision or leave it as it is.
If they do not change the original Decision then your papers will be sent to the Tribunal Service, for an appeal hearing to be convened, you can continue to submit further evidence and/or submissions up and until the hearing, although we recommend that you have everything in place at least two weeks before the date of the actual hearing.
Please refer to our ESA Appeals guide for more details.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
JLP wrote: Hi, am not actually at an appeal yet, is that what your saying? is it just a review type thing?
When you appeal the DWP will first carry out a Reconsideration of your claim, a different Decision Maker will look at all of the evidence available, including anything that you send to them, providing it is received in time, to see whether they should revise the Decision or leave it as it is.
If they do not change the original Decision then your papers will be sent to the Tribunal Service, for an appeal hearing to be convened, you can continue to submit further evidence and/or submissions up and until the hearing, although we recommend that you have everything in place at least two weeks before the date of the actual hearing.
Please refer to our ESA Appeals guide for more details.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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