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ESA Appeal, not send infor which requested........
- Lorraine
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12 years 2 months ago - 12 years 2 months ago #96071 by Lorraine
ESA Appeal, not send infor which requested........ was created by Lorraine
Advice please
Was transfered IB to ESA put in WRAG group. Sent letter requesting score sheet & answers to why accessor wrote certain things & ignored evidence etc, wanted to appeal as should be in Support Group, but wanted this info first. Heard nothing 6 months so called jobcentre plus. Lady looked at records said she would pass it on to the appeals department, who had 24 hours to call back (I assumed it was with appeal anyway). Got call saying that they would "pull my file out and send to appeals department" that day (this was wedneday), so been sitting there gathering dust it seems.If they could overturn decision I would get letter sent that day if not it would take two weeks to copy all my file and then sent to Tribunal.
No letter, so Tribuanl for me I think.
Just going through my paperwork while waiting for dreaded letter to arrive and realised (stupid brain fog - have ME and Fibro + family member helped grately with letter) that they have not sent me the info about points scored etc. Surely they are in breach of some law/legestation by not sending me them? All the did was let the file sit for 6 months until I called. Advice please?
Was transfered IB to ESA put in WRAG group. Sent letter requesting score sheet & answers to why accessor wrote certain things & ignored evidence etc, wanted to appeal as should be in Support Group, but wanted this info first. Heard nothing 6 months so called jobcentre plus. Lady looked at records said she would pass it on to the appeals department, who had 24 hours to call back (I assumed it was with appeal anyway). Got call saying that they would "pull my file out and send to appeals department" that day (this was wedneday), so been sitting there gathering dust it seems.If they could overturn decision I would get letter sent that day if not it would take two weeks to copy all my file and then sent to Tribunal.
No letter, so Tribuanl for me I think.
Just going through my paperwork while waiting for dreaded letter to arrive and realised (stupid brain fog - have ME and Fibro + family member helped grately with letter) that they have not sent me the info about points scored etc. Surely they are in breach of some law/legestation by not sending me them? All the did was let the file sit for 6 months until I called. Advice please?
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago #96079 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Appeal, not send infor which requested........
Lorraine
In principle, any request in writing for your documents, should come under the Data Protection Act, and as a consequence you can make a complaint to the Information Commissioner, however, it is not clear from your post whether the DWP are acknowledging receipt of your request, which of course would be a requirement for any further action.
I am concerned as to what is happening with your claim. From your post you were waiting for a reply to your request before lodging an appeal, on this basis I assume that no appeal has been requested. This being the case, I am not sure what the "appeal" department are going to do with your file, as appeals can only be made in writing, not over the phone.
You can make a Late Appeal, referencing the non-delivery of the documents as Good Cause as to why it is late, this should be accepted.
I have to say that it is very unlikely that any Reconsideration of your claim will be done within a day, more likely months, so I would urge you to progress this matter with some urgency, especially if you are receiving Contribution Based ESA, as you could well find yourself waiting for a Tribunal hearing, long after your payments have been stopped due to the 365 day rule.
If you have questions on the above, please reply to this thread.
Gordon
In principle, any request in writing for your documents, should come under the Data Protection Act, and as a consequence you can make a complaint to the Information Commissioner, however, it is not clear from your post whether the DWP are acknowledging receipt of your request, which of course would be a requirement for any further action.
I am concerned as to what is happening with your claim. From your post you were waiting for a reply to your request before lodging an appeal, on this basis I assume that no appeal has been requested. This being the case, I am not sure what the "appeal" department are going to do with your file, as appeals can only be made in writing, not over the phone.
You can make a Late Appeal, referencing the non-delivery of the documents as Good Cause as to why it is late, this should be accepted.
I have to say that it is very unlikely that any Reconsideration of your claim will be done within a day, more likely months, so I would urge you to progress this matter with some urgency, especially if you are receiving Contribution Based ESA, as you could well find yourself waiting for a Tribunal hearing, long after your payments have been stopped due to the 365 day rule.
If you have questions on the above, please reply to this thread.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 2 months ago #96089 by Lorraine
Replied by Lorraine on topic Re:ESA Appeal, not send infor which requested........
Gordan,
Thank you so much for the reply. I also thought a reply from appeals in one day was odd, but thats what they said.
I will try to explain things in more detail, but not up to it at present and my Mother has to have an Operation on Friday, so I will get back to you in a week or so.
Thanks for your help.
Thank you so much for the reply. I also thought a reply from appeals in one day was odd, but thats what they said.
I will try to explain things in more detail, but not up to it at present and my Mother has to have an Operation on Friday, so I will get back to you in a week or so.
Thanks for your help.
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