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The confidence to appeal
- Basho
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12 years 9 months ago - 12 years 9 months ago #84697 by Basho
The confidence to appeal was created by Basho
Though I didn't have to have a medical I have been told I will be placed in the WRAG, this was by phone, not as yet by letter. This has thrown me into a lot of panic and misery and also self doubt. I'd like to appeal but having read the guide to esa appeals your excellent site provides, firstly I am not sure if I have the robustness to go through the appeals process and secondly I am not sure if I can provide extra evidence. I am not happy with the WRAG decision and I have the backing of my GP who wrote an excellent letter on my behalf so I am not sure where to go to from this point. I don't know as yet why the DWP have made this decision and presume its because whilst I have over 15 points, they are not scored from one descriptor. Will I be given this information in the letter and what should I base my decision to appeal on? I know at a level its very personal but I feel confused that there are DWP assessment and the strong support of my GP.
Last edit: 12 years 9 months ago by Gordon.
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12 years 9 months ago #84701 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:The confidence to appeal
Basho
It is very unlikely that any you receive from the DWP, as standard, will contain details of how many points you scored, you will need to request this, see
ESA medical – what forms to ask for?
With regard to a potential appeal, the first thing is to confirm in your own mind that you meet one of the Support Group descriptors, see
Qualifying for the Support Group
There is a risk to lodging an appeal in this situation, see
Is there any risk to challenging a decision?
If you do decide then the following explains what you need to do.
How long do I have to appeal?
How to submit an appeal
Gordon
It is very unlikely that any you receive from the DWP, as standard, will contain details of how many points you scored, you will need to request this, see
ESA medical – what forms to ask for?
With regard to a potential appeal, the first thing is to confirm in your own mind that you meet one of the Support Group descriptors, see
Qualifying for the Support Group
There is a risk to lodging an appeal in this situation, see
Is there any risk to challenging a decision?
If you do decide then the following explains what you need to do.
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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- pusscatsmum
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12 years 9 months ago #84706 by pusscatsmum
Replied by pusscatsmum on topic Re:The confidence to appeal
appeals.
The DWP says that it plans to
reform the appeals process so that, in
future, claimants disputing a decision
on their benefit claim or child support
case will follow an escalating process
of mandatory reconsideration and
formal appeal which will allow it to
carry out a ‘robust review’ of the disputed
decision, with claimants given
an opportunity to provide supporting
information.
To support the ‘robust review’,
the DWP says it plans to make improvements
to the decision making
process to make the reconsideration
more independent. These will involve
a different officer taking a fresh look at the decision and reexamining
the evidence provided,
and the outcome being communicated
more effectively, by phone whenever
possible for the main benefits and
child support, to provide the claimant
with a clear explanation of the benefit
decision
The DWP says that it plans to
reform the appeals process so that, in
future, claimants disputing a decision
on their benefit claim or child support
case will follow an escalating process
of mandatory reconsideration and
formal appeal which will allow it to
carry out a ‘robust review’ of the disputed
decision, with claimants given
an opportunity to provide supporting
information.
To support the ‘robust review’,
the DWP says it plans to make improvements
to the decision making
process to make the reconsideration
more independent. These will involve
a different officer taking a fresh look at the decision and reexamining
the evidence provided,
and the outcome being communicated
more effectively, by phone whenever
possible for the main benefits and
child support, to provide the claimant
with a clear explanation of the benefit
decision
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- Basho
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12 years 9 months ago #84764 by Basho
Replied by Basho on topic Re:The confidence to appeal
Ok, well I am not sure if I feel any better or not about appealing. I think my confidence has been knocked and I don't feel very robust mentally or physically at the best of times but at the moment it feels doubly hard. Ive been following a bit of the advice from Gordon (above comment)and trying to ascertain what would count as more evidence. So far one welfare adviser said they felt that not being called for a medical but being placed in the WRAG was unusual. Any info on this out there, or anyone who has been in the same position? I've contacted CAB and I may go back to my doctor for any suggestions as none of this is something I can feel I can do on my own at the moment.
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- Gordon
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12 years 9 months ago #84768 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:The confidence to appeal
Basho
If this is a new claim, then qualifying without a medical, would be unusual, however, if this was a re-assessment or a transfer from another benefit, then probably not.
Not having a medical is not indicative that you should qualify for the Support Group, merely that that you clearly met the criteria for the WRAG.
Gordon
If this is a new claim, then qualifying without a medical, would be unusual, however, if this was a re-assessment or a transfer from another benefit, then probably not.
Not having a medical is not indicative that you should qualify for the Support Group, merely that that you clearly met the criteria for the WRAG.
Gordon
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- pusscatsmum
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12 years 9 months ago #84769 by pusscatsmum
Replied by pusscatsmum on topic Re:The confidence to appeal
Hiya,
I too was placed in the WRAG group without a medical, and for 18 months as noted on my med form when I received it. Meantime I sent papers off fotr apeal as I clearly met the criteria. It was re assessed without going for apeal - never got that far and placed into SG. Still waiting to see for how long from confirmation and scoresheet/descision etc.
So unless you meet the criteria for any reason then it probabbly not worth appealing, however if you do meet criteria go ahead and get stuck in.
So getting into either WRAG or SG without a medical is fairly common.Dependent upon what info you supplied them with in /amongst your ESA50 form
I too was placed in the WRAG group without a medical, and for 18 months as noted on my med form when I received it. Meantime I sent papers off fotr apeal as I clearly met the criteria. It was re assessed without going for apeal - never got that far and placed into SG. Still waiting to see for how long from confirmation and scoresheet/descision etc.
So unless you meet the criteria for any reason then it probabbly not worth appealing, however if you do meet criteria go ahead and get stuck in.
So getting into either WRAG or SG without a medical is fairly common.Dependent upon what info you supplied them with in /amongst your ESA50 form
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