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Asking an ESA decision to be changed/appeal

  • suelynnw
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11 years 3 weeks ago - 11 years 3 weeks ago #101228 by suelynnw
My partner was put into the wrag group at the beginning of December 2012 without all the evidence beeing presented to the decisionmaker from his GP. I asked for the decision to be changed to the group where he doesn't have to attend any interviews as he is so ill and I sent a copy of his GP's report supporting this which stipulates that he is not fit for any type of work physical or mental. I asked for the decision to be changed or failing that we would go to appeal. I have sent numerous letters all special delivery and recorded/signed for (Five in fact) I have proof that they have all been signed for, I have copies of the signatures. Also the jobcentre have been in touch wanting him to have a telephone interview but when I told them that we were awaiting a change of decision/appeal they kindly deffered the interview and said they would be back in touch in Four weeks to see if there had been any updated decision done. They checked on their computer and said they could see that I had requested a change of decision. That was the beginning of January 2013. Like I have said I have sent Five recorded letters and evidence since we challenged the decision on the 14th December 2012 as they only give you a short deadline to ask for a descion to be changed/appeal and we were well within that deadline. PLease could anyone tell me what else to do as it seems that although I have evidence that all of the correspondence we have sent as arrived and been signed for they seem to be ignoring our requests. Surely this is illegal. I think they know that they have got the decision wrong when they have read the doctors report and they just don't want to deal with it.
Last edit: 11 years 3 weeks ago by Gordon.

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11 years 3 weeks ago - 11 years 3 weeks ago #101238 by Gordon
Replied by Gordon on topic Asking an ESA decision to be changed/appeal

suelynnw wrote: My partner was put into the wrag group at the beginning of December 2012 without all the evidence beeing presented to the decisionmaker from his GP. I asked for the decision to be changed to the group where he doesn't have to attend any interviews as he is so ill and I sent a copy of his GP's report supporting this which stipulates that he is not fit for any type of work physical or mental. I asked for the decision to be changed or failing that we would go to appeal. I have sent numerous letters all special delivery and recorded/signed for (Five in fact) I have proof that they have all been signed for, I have copies of the signatures. Also the jobcentre have been in touch wanting him to have a telephone interview but when I told them that we were awaiting a change of decision/appeal they kindly deffered the interview and said they would be back in touch in Four weeks to see if there had been any updated decision done. They checked on their computer and said they could see that I had requested a change of decision. That was the beginning of January 2013. Like I have said I have sent Five recorded letters and evidence since we challenged the decision on the 14th December 2012 as they only give you a short deadline to ask for a descion to be changed/appeal and we were well within that deadline. PLease could anyone tell me what else to do as it seems that although I have evidence that all of the correspondence we have sent as arrived and been signed for they seem to be ignoring our requests. Surely this is illegal. I think they know that they have got the decision wrong when they have read the doctors report and they just don't want to deal with it.


Unfortunately, Reconsiderations are regularly taking three to four months, if not longer, to be decided and as far as I am aware, the Decision Maker is not obliged to contact the claimant to provide them with any updates on it's progress.

I also feel obliged to warn you that if your reason for appeal is based solely on your GP's letter, then you may not be successful in getting your partner moved to the Support Group. By definition, members of the WRAG are classed a being Unfit for Work, so the GP's letter merely confrims this, based on what you have posted, it does not show that they meet the criteria for the SG, see

Qualifying for the Support Group

I cannot tell from your post whether you have appealed the original Decision or only asked for a Reconsideration, but in either case you can have further options in challenging any Decision that the DM might make.

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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