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Esa appeal
- june cunningham
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10 years 3 months ago #132540 by june cunningham
Esa appeal was created by june cunningham
how did you proceed from wrag to support group? I need to know as my son has a letter now from his consultant stating that his condition can be dangerous to himself and others. I know that this comes under reg 32b rules but do I have to fill another claim form?
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- Gordon
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10 years 3 months ago #132542 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa appeal
JC
Can I initially refer you to our conversation from some time ago.
www.benefitsandwork.co.uk/forum?view=top...=102089&limitstart=0
It was not clear from your previous postings whether an MR had been carried out in regard to your son's original award. Whilst you are outside the normal one month to request an MR, you can still do so within 13 months of the Decision providing you show Good Cause as to why the request was late.
If an MR was carried out then you can still make a late Appeal by again providing Good Cause for the delay.
You can also request a re-assessment of your son's claim if you can show that there has been a documented deterioration in his condition since the Decision placing him in the WRAG, if accepted then this will result in a new ESA50 being issued and it is likely that a face to face assessment will be required.
You can choose either or both options, although you need to be aware that as a re-assessment will result in a new Decision this will override any decision that might result from an MR or Appeal. In both cases he remains subject to the requirements of the WRAG until a Decision moving him into the SG is made.
Gordon
Can I initially refer you to our conversation from some time ago.
www.benefitsandwork.co.uk/forum?view=top...=102089&limitstart=0
It was not clear from your previous postings whether an MR had been carried out in regard to your son's original award. Whilst you are outside the normal one month to request an MR, you can still do so within 13 months of the Decision providing you show Good Cause as to why the request was late.
If an MR was carried out then you can still make a late Appeal by again providing Good Cause for the delay.
You can also request a re-assessment of your son's claim if you can show that there has been a documented deterioration in his condition since the Decision placing him in the WRAG, if accepted then this will result in a new ESA50 being issued and it is likely that a face to face assessment will be required.
You can choose either or both options, although you need to be aware that as a re-assessment will result in a new Decision this will override any decision that might result from an MR or Appeal. In both cases he remains subject to the requirements of the WRAG until a Decision moving him into the SG is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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