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Appeal

  • noel
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12 years 5 months ago #92076 by noel
Appeal was created by noel
Hello, I have been on Incapacity benefit for 22 years now and am going through the transfer process to ESA. I filled in questionaire with help from your guides. I have had no face to face assesment and received letter recently saying that I have been put in WRAG contribution based, I think that is wrong and I should be in support group. I sent in medical evidence and was wondering do you think I should appeal ? p.s when I was on Incapacity benefit I was only called for a medical every five years, would it help stating this on the appeal form. Thank you for any advise you could give me. Noel.

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12 years 5 months ago #92079 by Gordon
Replied by Gordon on topic Re:Appeal
noel wrote:

Hello, I have been on Incapacity benefit for 22 years now and am going through the transfer process to ESA. I filled in questionaire with help from your guides. I have had no face to face assesment and received letter recently saying that I have been put in WRAG contribution based, I think that is wrong and I should be in support group. I sent in medical evidence and was wondering do you think I should appeal ? p.s when I was on Incapacity benefit I was only called for a medical every five years, would it help stating this on the appeal form. Thank you for any advise you could give me. Noel.

The decision to appeal or not, can only be made by you.

I'm afraid your re-assessment periods under IB are not relevant to ESA.

To help you with your decison, please have a look at the following FAQs.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

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

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12 years 5 months ago - 12 years 5 months ago #92082 by slugsta
Replied by slugsta on topic Re:Appeal
It is entirely up to you whether to appeal, you don't have to decide immediately

How long do I have to appeal?

Do you believe you meet the Support Group descriptors?

Qualifying for the Support Group

It will help if you request then paperwork assoociated with this decision

ESA medical – what forms to ask for

Edit - too slow again!

If you decide to appeal, this will help

How to submit an appeal

but you need to be aware that appealing does carry a risk

Is there any risk to challenging a decision?


While appealing, you are obliged to undertake WFIs if asked to do so, although it may be possible for these to be deferred, carried out over the phone or help in your home

Do I have to attend WFIs while I appeal?

It might be a good idea for you to get face-to-face advice

Where to get advice?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 5 months ago by slugsta. Reason: x post

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