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TOPIC: ESA appeal,refused,no tribunal point blank

ESA appeal,refused,no tribunal point blank 2 years 7 months ago #83184

I am fuming with anger and despare! After completing my 2nd ESA form with the help of the guides and the local CAB, I was expecting I would be placed this time in the SG - I was in the WRAG. My psychiatrist and GP both backed me up - I am totallly unable to participate in any work related activity, they wrote very strong medical evidence letters. I couldn't believe they rejected it point blank! I was expecting it from them anyway so next day, back at the CAB, I am launching an appeal with GL24 form. A few days later I receive a letter of acknowledgement, then a letter that my decision was reviewed and I am still in the WRAG and a few days later an invitation to the jobcentre for interview! I didn't go because of my mental situation but I send them the medical evidence which they seem to ignore. My question is: how can they refuse me my right to appeal in a tribunal, in a court, with me invited and giving evidence? I don't care what THEY think, I want to take them to court, but they seem to not allowing my GL24 reaching the courts, and they just refuse me access! Is it legal? How can I reach the courts? Did that happened to anyone else?
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Re:ESA appeal,refused,no tribunal point blank 2 years 7 months ago #83189

When an appeal has been lodged, the case is always reviewed by another decision maker to see if they agree with the first. Sometimes the decision is reviewed at this stage. The case only procedes to appeal if the reconsideration is not in the claimants favour.


It sounds to me as if your case has been reviwed and the original decision overturned. You should soon get notification that the appeal will proceded in due course.

You might find the ESA claims and appeals guide in the members only area of this site helpful

ESA claims and appeals
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:ESA appeal,refused,no tribunal point blank 2 years 7 months ago #83194

Thanks for your reply, but I am not sure I understand.. am I supposed to appeal again to the letter I've received telling me "We have decided that you have potential for work related activity and must take part in work-focused interviews" without a medical and ignoring my doctors strong medical evidence? Should I send another GL24 or is my case on the way to the tribunal but the DWP trying to tell me otherwise? I am confused...can you explain like if you talk to a 5 year old? I appreciate your answer but I didn't get it. And I have ALL the guides printed out, but they reffer to appeals - I can not appeal yet as they do not allow me to!
Last Edit: 2 years 7 months ago by Mrs Hurtyback.
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Re:ESA appeal,refused,no tribunal point blank 2 years 7 months ago #83197

It doesn't sound like they are refusing you the chance of appeal, they have just told you that they have reviewed and not changed their minds. If you get the GL24 off to them within the month, with supporting evidence, then it should go to appeal. The work-focused interviews are there even if you appeal, you are still expected to attend them and may be sanctioned if you don't. It would be best to get in touch with your adviser, who perhaps agree to a telephone interview instead.

Good luck!

TCP
Last Edit: 2 years 7 months ago by Mrs Hurtyback.
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Re:ESA appeal,refused,no tribunal point blank 2 years 7 months ago #83198

OK, I am fairly new to this myself so I need to make sure I don't lead you astray.

As I understand it - from what you have said and what I think I know - you have already submitted your appeal form, so you don't have to do that again. Your case should procede to tribunal in due course (be prepared for that to take a while). In the meanwhile, you are still in the WRAg so can be asked to participate in the WFIs etc.

Sometimes they will suspend the WFIs during your appeal if you phone and ask them, but they don't have to do this. You can also phone and request that WFIs are conducted over the phone or even in your own home. If you simply don't attend you do run the risk of having the WRAG top-up component of your ESA sanctioned.

Do I have to attend WFIs while I appeal?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 2 years 7 months ago by bro58. Reason: Corrected Link
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Re:ESA appeal,refused,no tribunal point blank 2 years 7 months ago #83200

Mrs Hurtyback...that link doesn't work.
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