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Confused !
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13 years 1 month ago #76943 by smiffy
Confused ! was created by smiffy
I have fibromyalgia, osteoarthritis,depression and anxiety. I have been on ICB since finishing work in 2005 and DLA lower rate since 2008. I filled in the ESA forms and I have been put into the wrag group and awarded contribution based esa. I was very surprised to receive the letter without having to attend a medical, extremely relieved as I was in a really bad way mentally from just filling in the forms. As my husband works, will I get this for one year regardless of his earnings? I would not get anything if they take his earnings into account so I think I am going to appeal to try and get in the support group. Is it possible to be transferred from wrag to support group in the coming year if i don't appeal now?
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13 years 1 month ago #76948 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Confused !
smiffy wrote:
Have a look at the following FAQs
Is there any risk to challenging a decision?
Qualifying for the Support Group
How long do I have to appeal?
How to submit an appeal
Gordon
Only if you are re-assessed within the year or your condition deteriorates and you ask for a Suppersession.Is it possible to be transferred from wrag to support group in the coming year if i don't appeal now?
Have a look at the following FAQs
Is there any risk to challenging a decision?
Qualifying for the Support Group
How long do I have to appeal?
How to submit an appeal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 1 month ago #77038 by smiffy
Replied by smiffy on topic Re:Confused !
Thank you. I have looked at the guides and think I would have ESA from the award date 27/12/2011-27/12/2012, is that correct? My decision letter is dated 1st December which means I would have to appeal over the xmas period so I am thinking to ask for the decision to be reviewed and sending in more evidence as I cannot face filling more forms in, and could still appeal from the new decision date. Is that also correct?
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13 years 1 month ago #77039 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Confused !
smiffy
Forgive me for being OCD but its 27/12/2011 to 26/12/2012.
Yes, you can appeal if the Reconsideration does not change the Decision, however, they will then be required to carry out a second Reconsideration, so you will potentially waste at least six weeks.
The GL24 is not very complicated and there is a template for completing it in the ESA Appeals guide. See
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Forgive me for being OCD but its 27/12/2011 to 26/12/2012.
Yes, you can appeal if the Reconsideration does not change the Decision, however, they will then be required to carry out a second Reconsideration, so you will potentially waste at least six weeks.
The GL24 is not very complicated and there is a template for completing it in the ESA Appeals guide. See
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
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13 years 1 month ago #77076 by smiffy
Replied by smiffy on topic Re:Confused !
Ok, does the time matter if I'm still getting the money for a year anyway and can I send additional evidence with both a reconsideration request or a GL24 form?
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13 years 1 month ago #77078 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Confused !
smiffy wrote:
So if you have new evidence available or can quickly acquire it, then there is good chance to overturn the Decision at a Reconsideration, however, if you do not or it will take time to acquire, then appealing may be more sensible.
Hope this explains it.
Gordon
Yes, you can, the major limitation is that you probably have no more than 3-4 weeks to do so when requesting a Reconsideration. For a Tribunal, you can in principle continue to submit evidence up to about 10 working days before your hearing.Ok, does the time matter if I'm still getting the money for a year anyway and can I send additional evidence with both a reconsideration request or a GL24 form?
So if you have new evidence available or can quickly acquire it, then there is good chance to overturn the Decision at a Reconsideration, however, if you do not or it will take time to acquire, then appealing may be more sensible.
Hope this explains it.
Gordon
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