IB to ESA -- transfer

my relative recieved ESA 65 after face to face assessment and was given only 6 points

Secondaly the decision letter is dated 13 March 2013 but was recieved through post on 30 March, a gap of 17 days. He tried to contact various advice agencies to help him with appeal. All saying -- not taking on any new appeal cases. tried to extend appeal date with DWP but was told -- not possible. He is lost and does not know just what to do, as the deadline of one month period for appeal is 13 April -- only one day left to post. He managed to obtain GL24 appeal form, but finding it difficult to complete section 8.

How Can he lodge appeal with minimum info in section 8 of form GL24 and then send all information later. So what minimum can he write at this stage to have his appeal form accepted.

can anyone advice by his/her experience or knowledge please . ---- many thanks in advance

bal42 wrote: my relative recieved ESA 65 after face to face assessment and was given only 6 points

Secondaly the decision letter is dated 13 March 2013 but was recieved through post on 30 March, a gap of 17 days. He tried to contact various advice agencies to help him with appeal. All saying -- not taking on any new appeal cases. tried to extend appeal date with DWP but was told -- not possible. He is lost and does not know just what to do, as the deadline of one month period for appeal is 13 April -- only one day left to post. He managed to obtain GL24 appeal form, but finding it difficult to complete section 8.

How Can he lodge appeal with minimum info in section 8 of form GL24 and then send all information later. So what minimum can he write at this stage to have his appeal form accepted.

can anyone advice by his/her experience or knowledge please . ---- many thanks in advance

Hi b42,

You can simply write something along the lines :

"I do not agree with your decision to find me fit for work, as decided in the Decision Notice letter dated 13/03/13.

I would therefore like to appeal this decision"

This will protect his right to appeal.

You can then go on to explain that the decision notice arrived late, and you will provide further supporting evidence ASAP.

I believe that there is a template regarding this in The ESA Appeals Guide on this page, 4th link from the bottom :

ESA Claims Guides

bro58

Gordon wrote:

bal42 wrote: my relative recieved ESA 65 after face to face assessment and was given only 6 points

Secondaly the decision letter is dated 13 March 2013 but was recieved through post on 30 March, a gap of 17 days. He tried to contact various advice agencies to help him with appeal. All saying -- not taking on any new appeal cases. tried to extend appeal date with DWP but was told -- not possible. He is lost and does not know just what to do, as the deadline of one month period for appeal is 13 April -- only one day left to post. He managed to obtain GL24 appeal form, but finding it difficult to complete section 8.

How Can he lodge appeal with minimum info in section 8 of form GL24 and then send all information later. So what minimum can he write at this stage to have his appeal form accepted.

can anyone advice by his/her experience or knowledge please . ---- many thanks in advance

Whilst the normal timeframe for the DWP to receive a request for appeal is one month if there is Good Cause why the application is late, then it should still be accepted, not receiving the Decision letter for more than two weeks should count as Good Cause.

There is an explanation of how to complete the GL24, including section 8, in the ESA Appeal guide, see

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

He will also need to provide a Fit Note starting from the 13th March if he is to receive the ESA Assessment rate.

The following FAQs may also be of assistance.

ESA medical – what forms to ask for?

Qualifying for the WRAG

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Good luck

Gordon

Thanks G,

I forgot to mention that a Med 3 has to be obtained from The G.P.

bro58

Hi b42,

See this post on sending Fit Notes (MED 3) in when appealing a F4W decision :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97607#102183

You will need to ask the G.P. to date the MED 3 from the date that the benefit ceased.

If it cannot be obtained in time to send with the GL24, again , note this in the GL24, and send it on to The DWP ASAP.

bro58

many thanks bros58 and gordon

just to reconfirm :-- should the following wording in GL24 form protect his right to appeal

"I do not agree with your decision to find me fit for work, as decided in the Decision Notice letter dated 13/03/13."

I would therefore like to appeal this decision"

"As I explained on phone to your office the decision notice arrived 17 days late, so I will provide further supporting evidence ASAP."

And should he send med3 with this form if he can see get appointment with gp before the deadline date or he can post it later ASAP.