APPEALS PROCESS FIRST STEPS.

radikha yes youve put your finger on it. What on earth are we to appeal against if we dont have some kind of decision.!!

In my case I have nothing. I do know that I should have sent in supporting evidence from my health pros, but then again is that why ive been put in wrag rather than support?. It might be something entirely different.

You would have thought this would be on the intial assesment, but no nothing, and then you see other people here who have asked for an explanation with time running out.

Thats the only reason Im going straight for an appeal.

Radhika

when i appealed i stated;

"I wish to appeal against the decision that I do not have limited capability for work-related activity. I consider that I provided enough evidence for a finding to be made that I do have limited capability for work-related activity. I do not consider that the decision maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions."

as per B&W Appeals guide. i also asked why my psychiatrist was not contacted for a report & suggested my ESA50 had not been read properly or else they would have taken my me/cfs into consideration. i then stated;

"but please do not ask me to provide further details as I will not be able to do so until I have been provided with a full copy of the papers and had the opportunity to try to get independent advice and support"

as per B&W Appeal guide. i recieved a letter from DWP decision maker saying they would not be changing their decision & my appeal would now move forward to tribunal. so it seems the new DM aslo didnt read my ESA50 properly or didnt believe what was written.
My ESA56 simply states "customer meets the threshold" & i was not point scored so iv no idea what that means & how i can argue that i didnt score points for certain descriptors when i wasnt point scored?! crazy!

hope you get further than me, good luck.

martin

Hi Martin,

Thank you ever so much for your reply, as to be honest i will have to word my appeal along the lines you have mentioned in your first paragraph, as no consultants in my husbands case would have been approached as they discharged him some years ago!!!

I will send off GL24, so i do not miss deadline and start to get appeal ball rolling. Thereafter, trust me i will continue to harass DWP for paperwork on decision. If there are descrepancies as i suspect there will be, then i will deal with these facts and point out whatever is necessary and hopefully will get them intime for the re-assessment stage, as i believe this can take up to 12 weeks of appealing.

Regards.

Radhika.

I've followed this thread keenly because I, too, have been placed in WRAG without a medical and without (as far as I know) my GP being contacted. Despite all the advice offered on here, I'm still a little confused as to how best to proceed. I desperately need some clarification and/or confirmation from someone (anyone!) that I'm reading this correctly.

My impression is that claimants should NOT ask for a simple revision and go straight for an appeal via the GL24.

However, should claimants be trying to obtain GP letters, etc, to include with the GL24, or go ahead and send the form and state that further evidence might arrive later?

It makes sense to point out which descriptors we feel we meet to be included in the SP, and why we meet them. But, how can we do this effectively if DWP don't send us details of which ones we didn't pass before the 4-week deadline for appealing?

Claimants are advised to ask for a written statement of how the decision was made. Will this tell us which descriptors we didn't pass, and why?

Finally, is asking for a 'written statement' the same as asking for a 'Subject Access Request'?

I suffer from a mental condition that makes it difficult to collate information from other posts, so apologies if these questions have been addressed before.

Biffer.

Martin,

With regards to your situation which you mentioned when kindly advising me, can you not ask DWP DM to explan exactly what threshold they are refering to and HOW they came to the WRAG decision regardless of what points you scored as they may have very conveniently overlooked/ignored the Support Group descriptors.

Radhika.

Biffer,

Martin gave an excellent example of what he had stated in his appeal. This might be relevant to you. Not sure if you are in my position, where you have about a week to appeal with nothing to go by as to how WRAG decision was made.

I am sure you can continue to ask for all the relevant info on your WRAG decision even after you have submited GL24.

Take a look above as to what my course of action is going to be and see if this will help.

Regards.

Radhika.