APPEALS PROCESS FIRST STEPS.

Hi Steve,

thankyou im now starting to see why Ive misjudged what it says in the 30 page document re- to appeal.

So when I send in my GL24 appeal form, is should make it clear and stand out that (and I will write this to them as it stands below on the form)...

"I AM LIKELY TO FORWARD SUPPORTING MEDICAL EVIDENCE TO BACK UP MY APPEAL WHEN I AM IN RECEIPT OF THE FULL FACTS AS TO WHY I WAS PLACED IN THE WRAG GROUP RATHER THAN THE SUPPORT GROUP ON MY INITIAL ASSESSMENT".

Once Ive sent the form GL24 ( I know I have a month to get this in) in how long do i have to get my supporting evidence in from my doctor and psychiatrist, and psychologist?.

And it appears though I may be wrong we have a bit of conflict between you guys at B@W over wether it is better to go FULL OUT at the very beginning with the GL24 in order to avoid stressful waiting and try to get the secondary decision to overturn the initial decision.

But I see your approach above although it may take longer as a more concrete way to try and win the case with accurate supporting and concise medical evidence.

Steve do you agree with my wording above and my approach.

Im sorry to be so time consuming but this is all like law studys to me which to be honest I hated and feared at secondary school, im an accountant by pro and this claim appeal procedure is foreign to me and not my best thing. Although I did work for the DHSS in the old days, on the financial side.

kind regards A

Hi Steve,
just a after thought i did not with my ESA50 send any medical supporting evidence at all only appointment sheets no medical reports.

Im wondering if this is why they didnt award the neccessary points.

Also if the secondary assessment doesnt overturn the intial assessment would you when you get your bundle and have full facts and supporting evidence from doctor send this to the secondary assessor and would it have to go to a tribunal, if the further evidence submitted was good enough for the secondary assessor?. Or is that stage completly over once you have been rejected the 2nd time.

Kind Regards A.

Hi Article,

The guides are written for an extremely wide audience, everyone from people giving advice to clients professionally to people who have never made a benefits claim in their life and who are struggling to come to terms with a new and devastating health condition or disability.

Our aim is to guide readers as safely as possible through an incredibly complex system and to ensure that they give the most detailed and precise evidence possible.

Speed of resolution of a claim will always be of secondary importance in the guides.

On the forums, however, moderators can have a conversation, gauge people's knowledge and tailor the suggestions they make. So it's not surprising that the information in the forum doesn't always match the information in the guides.

Having said that, I do agree that we need to look at the issue of reconsiderations again and I hope to update the guides by the time the newsletter goes out next Thursday evening

Meanwhile, if you haven't sent in any supporting medical evidence, but do think you can obtain some, then I would say that should be your top priority.

Once a bundle has been sent to you any additional evidence can be sent to the tribunals service direct, though many people send a copy to the DWP as well to give them the earliest chance to reconsider - the tribunals service will also send them a copy of your additional evidence. It is rare, but becoming more common, for decisions to be reconsidered at a very late stage on the receipt of additional evidence.

I'm afraid I'm not going to comment on the wording of your GL24. Not that I can see anything wrong with it, but simply because we always tell mods not to give individual advice and - whilst the line can be hard to draw - I think that agreeing the specific wording on a GL24 might well count as individual advice.

Good luck,

Steve

Cheers Steve and Gordon,

really much appreciated especially in the state ive wound myself up into.

So top priority because i havent sent any prior medical supporting evidence is to get that done and send it with appeal form then if I need more I should send it to the tibunal and a copy tothe DWP.

Superb. Right Im seeing my doc in 25 mins ill ask him for something which relates to the exceptional circumstances. I have to prove i could be a danger to myself or to someone else.

Not sure if hel give me anything, hes a quiet type and his writing is terrible.

Just wondering Steve if you have thought of any scripted leters we could send to MPs and fit them to our own circumstances.

Seems to me we need an MP or 2 actively getting involved.

When I was at the DHSS the manager and SEOs ran about like blue assed flys when they got an MPs letter. It was sorted PRONTO.

I know its extra work but it might be a good thing and cut work down ultimately.

Kind Regards A

Hi All,

since my last post, visited GP found out that he was NOT contacted about my health problem and I also had no medical before being placed in wrag group. begs the question how on earth can these people assesc someone properly with a mental health capacity??.

GP said he would provide back up evidence but diidnt seem too enthusiastic. Siad their would be a charge.

Saw my psychiatrist this morning asked if he had be contacted by DWP NO was the answer again.

I asked him if he would provide me with a medical report and he said NO I cannot do that under the kirkless Trust policy we are not allowed to give information out about specific patients unless we are approached by the DWP asking for this information ?????????

Seems strange to me as others on this board seem to have got these medical reports can anyone clariffy.

My whole appeal would be based around this further medical evidence from medical pros so it is limiting my chances of getting anywhere near the support group.

Not only this but my GP on testing my blood preesure found it to be abnormally high 189/142 and has hod to place me on further tablets, and I have had a blood test this morning.

Firther more been ringing CAB all morning and cant get through 5p a call. must have spent over £2 quid now.

The further I go into this appeal process the more I think things are weighted totaly in the DWPs favour and the more im becoming disheartened and thinking Ive lost everything.

This 12 month limit for contributory ESA claimants is a scam, its totaly unhonest of the MPs passing it. It takes not account of needs/outgoings and takes into account only income. Further more I and other will be abandoned after 12 months but David Cameron said we will always make sure work pays.

Yes Dave we are all this together arent we..........NOT.

regards A.