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DWP have initiated an appeal
- cazdaz
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9 years 11 months ago - 9 years 11 months ago #120791 by cazdaz
DWP have initiated an appeal was created by cazdaz
Hello again!
Just had email from DWP stating they have sent my case to pension appeals service on basis that I haven't submitted my appeal yet (decision 1 March 2013), didn't attend medicals arranged by them.
I couldn't submit appeal as only recieved decision makers and ATOS documents last month and had no idea what I was appealing against. Couldn't ttend medical as appt letter rrived day after the appointment itself and I was in UK (I live in Spain) for 2nd appt they made and offered to stay in UK and go to a medical here. They said no as it woukd take too long to arrange. I asked for documentation which would be sent to spanish doctor who would do medical so I and my solicitor who speaks english and spanish would know what to expect. DWP said that such a form doesn't exist. The irony of all this is that the basis of the appeal, ie state of my health, 15 points on mobility but denied support group as ATOS decided without seeing me that I can use crutches, seems to have got lost in the mass of other rubbish they are throwing at me. Fortunately I have all my emails to and from DWP which tell a different story to theirs....the thing is now I am at a loss as to what I'm appealing against....the appeal they initiated or the appeal that I should have been in support group in first place??? I feel so tired, confused, surrounded by papers which are 14 months old and I feel like giving up as this whole thing has led to a major deterioaration in my health. Sorry for whingeing but has anyone any ideas on what I should do next?
Just had email from DWP stating they have sent my case to pension appeals service on basis that I haven't submitted my appeal yet (decision 1 March 2013), didn't attend medicals arranged by them.
I couldn't submit appeal as only recieved decision makers and ATOS documents last month and had no idea what I was appealing against. Couldn't ttend medical as appt letter rrived day after the appointment itself and I was in UK (I live in Spain) for 2nd appt they made and offered to stay in UK and go to a medical here. They said no as it woukd take too long to arrange. I asked for documentation which would be sent to spanish doctor who would do medical so I and my solicitor who speaks english and spanish would know what to expect. DWP said that such a form doesn't exist. The irony of all this is that the basis of the appeal, ie state of my health, 15 points on mobility but denied support group as ATOS decided without seeing me that I can use crutches, seems to have got lost in the mass of other rubbish they are throwing at me. Fortunately I have all my emails to and from DWP which tell a different story to theirs....the thing is now I am at a loss as to what I'm appealing against....the appeal they initiated or the appeal that I should have been in support group in first place??? I feel so tired, confused, surrounded by papers which are 14 months old and I feel like giving up as this whole thing has led to a major deterioaration in my health. Sorry for whingeing but has anyone any ideas on what I should do next?
Last edit: 9 years 11 months ago by Gordon.
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9 years 11 months ago #120797 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP have initiated an appeal
Cazdaz
Just to confirm, the Decision to place you in the WRAG was made on 1 March 2013?
This being the case, if you have not already appealed this Decision then you are now out of time for you to do so, there is an absolute limit of 13 months from the date of the Decision for an appeal to be made.
You need to contact the DWP to find out whether this appeal that they appear to have lodged on your behalf is in regard your ESA or not, if it is then you can look at providing evidence for it.
Gordon
Just to confirm, the Decision to place you in the WRAG was made on 1 March 2013?
This being the case, if you have not already appealed this Decision then you are now out of time for you to do so, there is an absolute limit of 13 months from the date of the Decision for an appeal to be made.
You need to contact the DWP to find out whether this appeal that they appear to have lodged on your behalf is in regard your ESA or not, if it is then you can look at providing evidence for it.
Gordon
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- cazdaz
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9 years 11 months ago #120803 by cazdaz
Replied by cazdaz on topic DWP have initiated an appeal
Hi
DWP accepted appeal would be later than 13 months because of their failure to supply docs I requested.
Can you help with wording of questions I should ask DWP as apparently the appeals service has sent a letter today...ironically I am in UK and hve asked where it's been sent and any reference number.
Have you any idea what will have been sent to appeals service?
I am paranoid about what I ask, say blah blah as DWP don't seem to understand plain english...
DWP accepted appeal would be later than 13 months because of their failure to supply docs I requested.
Can you help with wording of questions I should ask DWP as apparently the appeals service has sent a letter today...ironically I am in UK and hve asked where it's been sent and any reference number.
Have you any idea what will have been sent to appeals service?
I am paranoid about what I ask, say blah blah as DWP don't seem to understand plain english...
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9 years 11 months ago #120812 by Gordon
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Replied by Gordon on topic DWP have initiated an appeal
cazdaz
I am still not 100% certain where you are in the appeal process but I would expect the next thing you will receive is the appeal packet from the DWP, this should include all of the documentation used in the making of the WRAG Decision, there should also be a letter from the Tribunal Service asking you to confirm whether you want to continue with the appeal. This letter needs to be returned in 14 days, so it is critical that get hold of it or contact the TS directly if you are not at your normal address, as a failure to return it will result in your appeal being cancelled.
The primary basis of your appeal is that you meet the criteria for the Support Group, so you need to go back over your ESA50 with our ESA Claim guides to make sure that you have made the best case to show that this is the case and why.
It is important that you understand the actual legal definitions of the ESA Descriptors rather than the questions printed on the ESA50 as there are discrepancies between the two.
To directly address the Mobilising Descriptor; the use of aids such as crutches can be taken into account if it is considered reasonable, if you cannot use crutches then you need to explain why this is the case, also, the test is not just about walking, your ability to self-propel a manual wheelchair is also considered, whether use a wheelchair or even own one is not relevant as long as the usage can be shown to be reasonable.
Wherever possible you should link your arguments to the medical evidence you have available.
Once you have set out your case as to why you meet the SG criteria you should go through the ATOS medical report to show where there are errors or assumptions that would lead the DWP Decision Maker to make the wrong Decision on your claim.
Gordon
I am still not 100% certain where you are in the appeal process but I would expect the next thing you will receive is the appeal packet from the DWP, this should include all of the documentation used in the making of the WRAG Decision, there should also be a letter from the Tribunal Service asking you to confirm whether you want to continue with the appeal. This letter needs to be returned in 14 days, so it is critical that get hold of it or contact the TS directly if you are not at your normal address, as a failure to return it will result in your appeal being cancelled.
The primary basis of your appeal is that you meet the criteria for the Support Group, so you need to go back over your ESA50 with our ESA Claim guides to make sure that you have made the best case to show that this is the case and why.
It is important that you understand the actual legal definitions of the ESA Descriptors rather than the questions printed on the ESA50 as there are discrepancies between the two.
To directly address the Mobilising Descriptor; the use of aids such as crutches can be taken into account if it is considered reasonable, if you cannot use crutches then you need to explain why this is the case, also, the test is not just about walking, your ability to self-propel a manual wheelchair is also considered, whether use a wheelchair or even own one is not relevant as long as the usage can be shown to be reasonable.
Wherever possible you should link your arguments to the medical evidence you have available.
Once you have set out your case as to why you meet the SG criteria you should go through the ATOS medical report to show where there are errors or assumptions that would lead the DWP Decision Maker to make the wrong Decision on your claim.
Gordon
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9 years 11 months ago #120815 by cazdaz
Replied by cazdaz on topic DWP have initiated an appeal
Thank you Gordon, so so much. I feel the fog hs lifted a little and can't thnk you enough. As I live in Spain and letter will have been sent there, DWP letters previously have taken 6 weeks to arrive....do you think I should try to contact the tribunal service now and explain?
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9 years 11 months ago #120821 by Gordon
Most definitely yes!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP have initiated an appeal
cazdaz wrote: Thank you Gordon, so so much. I feel the fog hs lifted a little and can't thnk you enough. As I live in Spain and letter will have been sent there, DWP letters previously have taken 6 weeks to arrive....do you think I should try to contact the tribunal service now and explain?
Most definitely yes!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cazdaz
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