Appeal refused

steve wrote:

Can any one advise if there is any legislation in place i can use against the DWP as i was on contribution based ESA which stopped in April i had been on it for 365 days.i asked for my case to be re-assessed as my condition has worsened to be placed in support group and they agreed to this and was sent to ATOS medical again.2 weeks later same old story placed in the WRAG to which i submitted my appeal 6 months down the road and constant phone calls i have been told my case is with a decision make who is trying to reverse the decision in my favor .However today I have been told they are not allowing my appeal and want me to go for another medical and im sure this is against my constitutional rights.can any one help

From your post, you say "i asked for my case to be re-assessed as my condition has worsened", this would not be grounds for an Appeal as changes that occurred after the original decision cannot be considered in appeal. Instead you should have requested a SuperSession, which the DWP appear to be actioning, and this being the case, it would be why you have been told your appeal has been cancelled.

A Supersession is a full re-assessment of your claim, I would have expected you to have also received a new ESA50, the new medical is something is also something I would have expected.

Once a Decision is made on this Supersession, if it does not place you in the Support Group, then you can lodge a new appeal against it.

I hope this explains it, but if not, please reply to this thread.

Gordon

Finni wrote:

Presumably a SuperSession does not permit backdating to the beginning of the time which is in dispute. Is this correct?

I'm afraid, under normal circumstances, ESA changes apply from the date of the Decision.

Gordon

Finni Steve

You can try arguing that your original request in April for a re-assessment "as my condition has worsened", should have been treated as a SuperSession and that the Reconsideration that was carried out was done in error by the DWP and that therefore there should be some backdating of any new Decision.

Whether this will be successful would be outside of our ability on the forum to confirm, it would also depend on how you made the actual request to the DWP, you would need to get face to face advice from a suitable benefit advisor if you want to consider this.

Gordon