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IB to ESA -- transfer

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11 years 2 weeks ago #102227 by Gordon
Replied by Gordon on topic IB to ESA -- transfer

bal42 wrote: 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.


I would be more explicit.

"I understand that this request for appeal may be received outside of the normal one month this is because..."

Ideally he should send the Fit Note with the GL24, but I would not delay in sending the GL24, so if necessary it can be sent separately, this being the case, state that this is happening on the GL24, and do not forget to keep a copy of the Fit Note.

Gordon

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11 years 2 weeks ago - 11 years 2 weeks ago #102229 by bal42
Replied by bal42 on topic IB to ESA -- transfer
thanks bros58

one more question

if one asks for "statements of reasons , --- does this extend the one month deadline by extra 14 days

thanks
Last edit: 11 years 2 weeks ago by .

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11 years 2 weeks ago #102232 by
Replied by on topic IB to ESA -- transfer

bal42 wrote: thanks bros58

one more question

if one asks for "statements of reasons , --- does this extend the one month deadline by extra 14 days

thanks


Hi b42,

In the case of a fit for work decision, if you do not submit an "APPEAL" in the first instance, and provide a fit note, you will not be entitled to payment of Assessment Rate ESA.

bro58

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11 years 2 weeks ago #102236 by slugsta
Replied by slugsta on topic IB to ESA -- transfer
The law does not set out what form a 'Statement of Reasons' must take and DWP could well argue that you have already received it. It is very rare , in our experience, for a claimant to receive anything that could be identified as a 'statement of reasons'. You should not delay getting your appeal submitted in time, especially if you want to be sure of payments continuing.

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11 years 2 weeks ago #102241 by Gordon
Replied by Gordon on topic IB to ESA -- transfer
bal42

In the case of a Fit for Work Decision, the claimant should receive an ESA65 notice, this is classed as a Statement of Reasons by the DWP, so there is no opportunity to extend the appeal period.

Gordon

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