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Late appeal- and circumstances
- raffe103
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12 years 5 months ago #92522 by raffe103
Late appeal- and circumstances was created by raffe103
Hi All, I have only just discovered this site and wish I had found it much sooner. I was awarded ESA in the wra group back at the end of June this year. I have today attended my personal advisor interview and he was very surprised that I have been placed in this group and suggested that I should appeal to go in the support group.
I phone the Newcastle office who were not much help and said just to lodge an appeal even though my decision was back at the end of June.
So my question is how likely is it that I will get an appeal considering I am well over a month since my decision?
The advisor said there was no way I was in any sort of position to return to work particularly as I am due to have surgery on both of my knees in 2 weeks time.
Any advice great appreciated. Thank You.
I phone the Newcastle office who were not much help and said just to lodge an appeal even though my decision was back at the end of June.
So my question is how likely is it that I will get an appeal considering I am well over a month since my decision?
The advisor said there was no way I was in any sort of position to return to work particularly as I am due to have surgery on both of my knees in 2 weeks time.
Any advice great appreciated. Thank You.
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- slugsta
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12 years 5 months ago #92530 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Late appeal- and circumstances
The DWP/Tribunals do seem to be accepting late appeals at the moment, although they are not obliged to do o unless you can show 'good cause'.
Have a look at our appeals resourses and come back if you have any specific questions
Qualifying for the Support Group
ESA claims and appeals
How long do I have to appeal?
How to submit an appeal
Is there any risk to challenging a decision?
Do I have to attend WFIs while I appeal?
I must warn you that there is no guarantee of you winning the appeal as the Personal Advisors are not neccessarily conversant with the criteria for ESA
Have a look at our appeals resourses and come back if you have any specific questions
Qualifying for the Support Group
ESA claims and appeals
How long do I have to appeal?
How to submit an appeal
Is there any risk to challenging a decision?
Do I have to attend WFIs while I appeal?
I must warn you that there is no guarantee of you winning the appeal as the Personal Advisors are not neccessarily conversant with the criteria for ESA
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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12 years 5 months ago #92531 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Late appeal- and circumstances
Griif
Welcome to the site, you might want to have a look at the following FAQ.
Welcome to Benefits and Work
I am afraid there are some mixed mesages in what you have been told.
You can make a late appeal upto 13 months after the Decision, providing you can provide Good Cause. As an aside, your pending surgery will not be considered at an appeal, which can only consider matters that were available at the time of the Decision.
You need to be aware that your capability to return to work is not a reason to be placed in the Support Group, see
Qualifying for the Support Group
Asking for an appeal, places your exiting award in jeopardy, see
Is there any risk to challenging a decision?
If you believe you meet one or more of the Support Group descriptors then you should consider making an appeal.
How to submit an appeal
The following FAQs may also be of assistance.
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
Our ESA Apeal Guide is on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa
it may also be worth you reviewing our ESA Claim guides which are also on the above link.
If you have further question, please reply to this thread.
Gordon
Welcome to the site, you might want to have a look at the following FAQ.
Welcome to Benefits and Work
I am afraid there are some mixed mesages in what you have been told.
You can make a late appeal upto 13 months after the Decision, providing you can provide Good Cause. As an aside, your pending surgery will not be considered at an appeal, which can only consider matters that were available at the time of the Decision.
You need to be aware that your capability to return to work is not a reason to be placed in the Support Group, see
Qualifying for the Support Group
Asking for an appeal, places your exiting award in jeopardy, see
Is there any risk to challenging a decision?
If you believe you meet one or more of the Support Group descriptors then you should consider making an appeal.
How to submit an appeal
The following FAQs may also be of assistance.
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
Our ESA Apeal Guide is on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa
it may also be worth you reviewing our ESA Claim guides which are also on the above link.
If you have further question, please reply to this thread.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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