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11 years 2 weeks ago #102212 by slugsta
Replied by slugsta on topic esa
Hi Cathy, please can you tell me the date on the decision letter that informed you of being in the WRAG? There is an absolute limit of 13 months (from the date of the decision letter) in which to appeal. If you have passed that limit then you will not be able to put in an appeal against this decision.

If your condition has worstened, or you have developed a new condition, since the decision was made (such that you now meet the Support Group criteria) then you can contact DWP and ask for a 'supersession'/review of your claim. The onus would be entirely on you to prove that your condition has worstened since the original decision.

Qualifying for the Support Group

At this stage, the important thing is to look at the timescale and see whether you are able to appeal or not.

Please come back to this thread/topic with your additional information and any further questions as it helps to keep everything in one place. You will find it easily in future if you mark it as a 'favourite' now :)

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11 years 2 weeks ago - 11 years 2 weeks ago #102248 by weecathymcguigan
Replied by weecathymcguigan on topic esa
letter date 6/3/12 to tell me I/B is changing to ESA .ESA started on 21/3/12 so do i now have until 20/4/13 to get GL24 back to them ?.not wanting to up set them but it is a fact i only got 1 phone interview not the 6 face to face they say you should get, also letter to tell me ESA was stoped came same day as it was stoped not 8 weeks before ESA was to stop. this was first i heard about ESA stoping.thank you weecathy
Last edit: 11 years 2 weeks ago by slugsta.

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11 years 2 weeks ago #102252 by slugsta
Replied by slugsta on topic esa
I think the important date is that on the original decision letter. 13 months from this is the absolute latest that you could submit an appeal and you would have to show 'good cause' for leaving it so late (as an appeal should usually be lodged within one month of the date of the appeal letter).

There is no definition of 'good cause' so it is up to DWP to accept your appeal or not. If you do appeal you must foicus soley on how you meet the Support Group descriptors - and that you would have met those descriptors on the date of the original decision.

The Work Focused Interviews are carried out by an advisor from your local JobCentrePlus and this is entirely seperate from the parto fthe DWP that makes the decisions on your claim. Whether you had one WFI or six will have no bearing on your appeal or whether it is accepted.

You must also bear in mind that your ESA payments will stop after 365 days, even if you are appealing.

Have a good look at our appeal resources and bear in mind that you could, potentially, lose your ESA award totally if you challenge the decision.

Is there any risk to challenging a decision?

Appeals FAQs

ESA claims and appeals

As your situation is complex, due to the lateness of the appeal, I would normally suggest that you should get expert advice. However, the very fact that you are so short of time makes it unlikely that you would be able to get such help in time :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 2 weeks ago #102256 by weecathymcguigan
Replied by weecathymcguigan on topic esa
thank you so much . :(

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11 years 2 weeks ago #102268 by Gordon
Replied by Gordon on topic esa
Cathy

Just to add. The GL24 must have been received by the DWP by 20/04/13, if not earlier.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 1 week ago - 11 years 1 week ago #102297 by weecathymcguigan
Replied by weecathymcguigan on topic esa
Hi will I lose all my ESA benefit .as my health is poor and getting worse can I reapley for ESA .thanks
Last edit: 11 years 1 week ago by Gordon.

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