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Making an appeal outside the 30 day period
- Darren Jenkinson
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10 years 3 months ago - 10 years 3 months ago #116277 by Darren Jenkinson
Making an appeal outside the 30 day period was created by Darren Jenkinson
Hi, I’m hoping someone may be able to give me some guidance on where to begin with an ESA appeal.
I am hoping to appeal on behalf of my mother who suffers from severe depression and anxiety, a condition which has worsened since my father passed away four years ago.
Just over a year ago, she was placed on the work programme and received ESA. She attended the first appointment where the staff noticed she was visibly shaking and panicking to the point where they suggested she goes home and have since have tried to speak to her on the phone once every couple of months.
I got a phone call a few days ago from the company that are working with her at the moment saying that they think she is in the wrong group and we should appeal to have her placed in the support group.
I read the guide and couldn’t quite figure out where I should begin. My mum has a habit of losing or throwing away paperwork so I have no record of when the initial decision was made, it will be between 12 and 18 months ago. I get that I need to fill in the GL24 form, my question is who should that go to, and is it possible to get copies or the information on when the decision was made.
Thanks in advance for any help, I’m finding this confusing and I dread to think how my mum would deal with this without support.
I am hoping to appeal on behalf of my mother who suffers from severe depression and anxiety, a condition which has worsened since my father passed away four years ago.
Just over a year ago, she was placed on the work programme and received ESA. She attended the first appointment where the staff noticed she was visibly shaking and panicking to the point where they suggested she goes home and have since have tried to speak to her on the phone once every couple of months.
I got a phone call a few days ago from the company that are working with her at the moment saying that they think she is in the wrong group and we should appeal to have her placed in the support group.
I read the guide and couldn’t quite figure out where I should begin. My mum has a habit of losing or throwing away paperwork so I have no record of when the initial decision was made, it will be between 12 and 18 months ago. I get that I need to fill in the GL24 form, my question is who should that go to, and is it possible to get copies or the information on when the decision was made.
Thanks in advance for any help, I’m finding this confusing and I dread to think how my mum would deal with this without support.
Last edit: 10 years 3 months ago by Gordon.
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- Gordon
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10 years 3 months ago #116282 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Making an appeal outside the 30 day period
DJ
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
To answer your questions.
Whilst an appeal should be lodged under normal circumstances within one month of the date on the Decision letter, it is possible to make a Late Appeal within 13 months of the Decision providing you provide Good Cause as to why the Decision is late and your reasons are accepted. The 13 months is an absolute limit and cannot be exceeded.
To be placed in the Support Group your mother needs to meet at least one of the SG criteria
Qualifying for the Support Group
If you/she believe this to be the case then you should submit an appeal on a GL24 appeal form.
How to submit an appeal
You should also have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any more questions, please reply to this email and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
To answer your questions.
Whilst an appeal should be lodged under normal circumstances within one month of the date on the Decision letter, it is possible to make a Late Appeal within 13 months of the Decision providing you provide Good Cause as to why the Decision is late and your reasons are accepted. The 13 months is an absolute limit and cannot be exceeded.
To be placed in the Support Group your mother needs to meet at least one of the SG criteria
Qualifying for the Support Group
If you/she believe this to be the case then you should submit an appeal on a GL24 appeal form.
How to submit an appeal
You should also have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any more questions, please reply to this email and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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