2 appeal questions

Hi
I got into the wrag without a medical. (Largely (a big) thanks to B&W )

I'm looking to submit an appeal form to have a reconsideration made for the support group. I may then withdraw the appeal at a later date, i'm not sure.

2 questions:


1. I've already made an initial written request for an ESA85a but not as an offical Subject Access Request (SARS) - just a written request for a ESA85A and ESA113. Would this request still be subject to up to a 40 day wait for a response like a SARS is or is it another shorter timeframe ? - Is the DWP obliged to provide the forms i've requested, even though i've not requested it by mentioning anything about 'SARS' ?

2. Regarding the re-assesment date indicated on an ESA85/A - can it change and be, for instance, brought forward in the event of a successful reconsideration or appeal and thereby mean a negative result (potential risk) of having to go through the whole process sooner than previously stated or does it remain fixed ?

thanks and hope you are get well soon.

n

Hi Nicholson

If you appeal using the GL24 form and the decision is not reconsidered in your favour, your dispute will automatically pass to appeal, although you can withdraw your appeal in writing if you choose to.

I don't think requests for information will be treated as a SAR unless you specifically request it, but the DWP usually respond promptly. It's worth chasing them up with a phone call if you do not receive it within about 10 days.

The DWP can make you go through a WCA at any time but they usually follow the reassessment date indicated on your ESA85(A). The majority of appeals extend beyond this date, which is why most successful appellants are reassessed shortly after winning their appeal.

Good luck

Derek