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my condition has worsened & have new condition

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11 years 3 months ago - 11 years 3 months ago #116719 by ldwilliams
Hi,
I was placed into the WRAG on 23-10-13, but my condition of Buerger's Disease has worsened And I have now been diagnosed with COPD After my ATOS assesment.
I stupidly did not appeal within the time limit of 1 month, so what do I now have to do to have a reassessment made please?
Do I write in? If so, who to?
Sorry to be so naive, but this is my first time on benefits and am finding it a nightmare .
Last edit: 11 years 3 months ago by Puccalove.

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11 years 3 months ago #116720 by Puccalove
Replied by Puccalove on topic my condition has worsened & have new condition
Welcome to the forum,

You may wish to change your forum name to something more anonymous. Details of how to do this are available in the Forum FAQs.

As your condition has deteriorated and you have been diagnosed with a new condition you can ask for a reassessment. You will want to phone job centre plus and follow this up with a letter. This letter should explain your reasons for reassessment. You will also want to send medical evidence with this letter particularly to confirm your new diagnosis. This should be enough to initiate a reassessment.

You should be aware however that a reassessment can increase or decrease a claim as well as result in no change. You will want to make sure you have clear WRAG entitlement as well as a good case for the Support Group.

Alternatively you could ask for a late appeal but would have to give a good reason for not appealing the decision earlier. Also the appeal could only take into consideration how you were at the time of the original assessment and not any deterioration.

Either way both appealing and asking for a reassessment are likely to take time as the whole system is rather backed up at the moment, but appealing will usually take longer.
The following user(s) said Thank You: ldwilliams

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  • bro58
11 years 3 months ago - 11 years 3 months ago #116722 by bro58
Hi,

To further clarify Pl's helpful comments, see :

My full name is showing, how can I stop it?

You are able to make a late appeal up to 13 months after an adverse decision.

As the adverse decision seems to have been made before the 28/10/13, you should be able to do this using GL24 Form which can be downloaded from the link on this page :

How to submit an appeal

There is also an ESA appeals guide on this page :

ESA Claims Guides

See also :

Appeals FAQ’s

ESA FAQ’s

MOJ Video of ESA Appeals Process and Tribunal

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

As Pl also advises, if you do not wish to appeal you can request a review/supersession if you feel that your condition has changed/deteriorated since the time of the WRAG award.

Hope this helps.

bro58
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago #116723 by slugsta
If you ask for a reassessment the onus will be on you to show that your condition has worsened since the previous assessment and that you now meet the Support Group descriptors.

Qualifying for the Support Group

This is the FAQ that Puccalove referred to regarding changing your username

My full name is showing, how can I stop it?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • bro58
11 years 3 months ago #116725 by bro58
Hi,

Just to add, the DWP are pretty lenient with allowing late ESA appeals.

Good Cause for a late appeal could be the intricacies of the two group system (WRAG & SG), and the fact that you did not fully understand it.

bro58

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11 years 3 months ago - 11 years 3 months ago #116728 by ldwilliams
Replied by ldwilliams on topic my condition has worsened & have new condition
Many thanks to all of you :)
Name now changed :)

If I ask for a revision and nothing alters, may I then appeal after that ?
Last edit: 11 years 3 months ago by slugsta.

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