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APPEALS PROCESS FIRST STEPS.

  • Mark Sutton
12 years 6 months ago #73498 by Mark Sutton
Replied by Mark Sutton on topic Re:APPEALS PROCESS FIRST STEPS.
greeneyedlad wrote:

i was told on the telephone that it doesnt matter if you score 15 or 50 points, once youve scored 15 you qualify for esa. but of course it does matter in getting into the support group.

I keep reading this in different threads and a lot of people seem to believe it, but getting into the support group has nothing to do how many points you're awarded.

You could score 100 points and still not be placed in the support group.

All that matters is that you satisfy at least one of the support group descriptors.

That being so, I don't think people need to be quite so fixated on getting hold of their medical reports for WRAG to support group appeals.

Given the massive volume of ESA applications and appeals, I suspect that the decision makers are under such great pressure that they often give ESA50s little more than a cursory glance.

In any event, what matters in an appeal is not why the first decision maker thought you should be in the WRAG group, but rather why you believe you should be in the support group.

That's what the new decision maker will be concentrating on.

I'm still deciding whether to appeal against being in the WRAG, but if I do, I won't even bother to wait for my report (I had no medical).

I'll just focus on why I should be in the support group and supply evidence from the doctor to support my claim.

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12 years 6 months ago - 12 years 6 months ago #73499 by Gordon
Replied by Gordon on topic Re:APPEALS PROCESS FIRST STEPS.
Just to qualify for anybody reading this thread, or part thereof, out of context.

The burden of proof lies with the DWP, where a claimant is already in receipt of an incapacity benefit and the DWP are the party initiating the (re-)assessment.

The burden of proof lies with the claimant for a new claim, or where the claimant has requested a re-assessment, for example, due to a deteriorating condition.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 6 months ago by Gordon.

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12 years 6 months ago #73500 by shrinathji
Replied by shrinathji on topic Re:APPEALS PROCESS FIRST STEPS.
This applies to all,

One very valuable piece of advice given by all the moderators is to put all conversations/ requests in writting. I got stung, in that i in good faith relied on DWP to address all my queries over the phone, this has cost me valuable time in my husbands appeal in that they have supplied me with "ZILCH".

If it was not for the invaluable advise given here to put all in writting so there is a paper trail not just to prove that certain conversations/requests had taken place, but also for the tribunal to see how incompetent DWP are/can be, when dealing with vulnerable/inexperienced clients.

Hope you will all please take note.

Radhika.

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12 years 6 months ago #73501 by greeneyedlad
Replied by greeneyedlad on topic Re:APPEALS PROCESS FIRST STEPS.
yes radhika i think another complaint letter is on the cards. i think iv turned into victor meldrew, all i seem to do nowadays is write complint letters & moan hehe.

the very nature of my illness means that MOST of the time im so depressed i cannot take care of any administration & my friend looks after all my finances etc. at the moment i can cope enough to try & deal with all this but i pity the ones who simply cant fight if like me most of the time they cant function. as iv said before the very fact i am able to fight this & go to tribunal kind of contadicts my own argument that i cant do anything. i just hope they dont argue that at tribunal.

martin

martin

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12 years 6 months ago #73502 by greeneyedlad
Replied by greeneyedlad on topic Re:APPEALS PROCESS FIRST STEPS.
mark & gordon you are so right, i shall be writing asking the reason why i was not put into the support group & concentrating my appeal on why i think i should qualify.

many thanks guys

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12 years 6 months ago #73504 by shrinathji
Replied by shrinathji on topic Re:APPEALS PROCESS FIRST STEPS.
Martin,

Just because you are fighting in what you believe is wrightfully yours cannot go against you.

Be a Victor Meldrue or Martin(whatever), we live in a democratic society, there are procedures in place for you to appeal, as well as this fabulous forum/members, what more could one ask for????

I firmly believe, that you should hound DWP for all the reasons as to WHY you are not in support group????

Do not under any circumstance let them "FOB" you off, they tried that verbally with me(regarding my husband), but i was not having any of it and demanded that they put all in writting!!!! As you have read earlier i have got absolutely nothing. This has made me more demanding.

Just a thought, you can get family and friends to follow up on your phone calls, just not only to keep the DWP on their toes, but, just to get rid of you, provide you with all that they have and hope that you will go away. NOT!!!!!

Radhika.

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