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Anyone had decision overturned ?

  • bro58
13 years 43 minutes ago #79896 by bro58
Replied by bro58 on topic Re:Anyone had decision overturned ?
Hi P,

Just in case you haven't already done so, you should have a look at the following.

The ESA Appeals Guide Jan 2012 from here :

ESA Guides

There are sections on ESA and Appeals also in our : FAQ’s

bro58

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12 years 11 months ago #80387 by philip
Replied by philip on topic Re:Anyone had decision overturned ?
bro58 wrote:

philip wrote:

Thanks, I will do. It states in the letter that they have received my appeal and will change in my favour if they can. It states if I have anymore evidence to send in. I do not have anymore evidence as I supplied them with everything. Shall I state that I think I supllied enough, ?

Could this make a difference ?


Hi P,

Once you have submitted an appeal, you only have around a 4 week window of opportunity to have the decision changed at reconsideration stage.

You should therefore send any new evidence , ASAP, or even redirect the DM, (as it will be a different one, to the DM that made the original decision) towards any evidence in your ESA50 etc, that points to you fulfilling the relevant ESA descriptors.

bro58


Going to get this leteer done today, do you think I can add anything in the letter to the new DM to make sure all the extra pieces of paper I put in my questionaire are still there incase they have got lost ?

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12 years 11 months ago #80392 by Gordon
Replied by Gordon on topic Re:Anyone had decision overturned ?
philip wrote:

Going to get this leteer done today, do you think I can add anything in the letter to the new DM to make sure all the extra pieces of paper I put in my questionaire are still there incase they have got lost ?

You could reference the content in your letter, for example; "I stated on page x of my submission that..."

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 11 months ago #80397 by mangof
Replied by mangof on topic Re:Anyone had decision overturned ?
carole wrote:

HI P
I was called today and asked if I wanted my esa reconsidered But I have opted for appeal..
I couldent find anything on this site to help with the outcome... :blink:
Regards carole


I thought the dwp do a reconsideration as a matter of course before it moves onto the tribunal stage?

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12 years 11 months ago #80400 by Gordon
Replied by Gordon on topic Re:Anyone had decision overturned ?
carole wrote:

HI P
I was called today and asked if I wanted my esa reconsidered But I have opted for appeal..
I couldent find anything on this site to help with the outcome... :blink:
Regards carole

As others have mentioned, if you appeal a Decision the DWP are required to carry out a Reconsideration first. Your appeal and the phone call probably passed each other in the ether :)

Appeals and Reconsiderations are explained in our ESA Appeal guide on the following link

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

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • glezza
12 years 11 months ago #80461 by glezza
Replied by glezza on topic Re:Anyone had decision overturned ?
Mine was not overturned at appeal and has now gone on to tribunal. Heavens knows how long that will take although they did mention some provisional dates this spring so hopefully will not be too much longer

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