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Revision?
- Louis Cyphre
- Topic Author
They said there was not enough info and gave me a letter template which had on it "I wish for the decision on my claim to be reconsidered because..." so I addressed the letter to the Decision Maker insteadLouis
The only thing that stands out is that your reasons are addressed to the medic rather than the Decision Makers decision process, making it seem that you are arguing with the ATOS report and not the DMs decision.
Failing that, the only thing I can suggest is that you contact them and ask what it is they are asking you for, given that you have completed the GL24 in full and believe that you have already provided them with sufficient information and evidence in and with your ESA50, to proceed with a Reconsideration as a prelude to an appeal.
Gordon
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- Louis Cyphre
- Topic Author
I have still not had a decision if I can appeal yet I keep ringing up and get nowhere fast! [the latest excuse was the computers have gone down! This has gone on now for 2 and half weeks] I need it now as my HB and CTB run out on the 11th Feb so the thing is, can I claim JSA while this decision is pending? Also can I limit my job search? [my fit note for 8 weeks on the 21st Nov runs out very soon as well] I need to be on a benefit very soon.
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- Gordon
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Have you escalated the situation to the Customer Services manager, this may require a call back. You may also want to think about making a formal complaint, seeUpdate:
I have still not had a decision if I can appeal yet I keep ringing up and get nowhere fast! [the latest excuse was the computers have gone down! This has gone on now for 2 and half weeks] I need it now as my HB and CTB run out on the 11th Feb so the thing is, can I claim JSA while this decision is pending? Also can I limit my job search? [my fit note for 8 weeks on the 21st Nov runs out very soon as well] I need to be on a benefit very soon.
Complaining to the DWP
Yes, you can apply for JSA and you can apply limitations to your contract with the DWP, however, the bottom line is that you must still actively seek work in order to qualify, and if your disabilities prevent this, you may be be creating a catch-22 for yourself.
Gordon
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- Louis Cyphre
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- Louis Cyphre
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- Gordon
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- Posts: 51288
As I understand it from previous posts, you are still waiting for the DWP to confirm that they have accepted your request for appeal. I assume therefore that you are not receiving the ESA Assessment rate at the moment.Would I get any back dated benefit from my fit note dated 21st Nov lasting 8 weeks IF I claimed JSA this week?
As far as I am aware, if you claim JSA you will have to close your ESA claim, although any ESA appeal can continue, in which case you would be eligible, once you appeal is accepted, for a back payment from the date your IB was stopped until the date you close your ESA claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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