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Urgent: Extending ESA appeal deadline

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8 years 4 weeks ago #155767 by Gracey22
Urgent: Extending ESA appeal deadline was created by Gracey22
Hello

We have failed to get the DWP's decision to place my father in the WRAG after submitting a mandatory reconsideration.

My chronically ill father felt guilty that I've put my life on a standstill to sort out and manage his paper work and ill health over the past year and so was succumbing to accept their wrong decision of being in WRAG, as he didn't want to burden me further with an appeal as I have my finals next month.

After attending our first WRAG interview and having our kind advisor also pointing out that dad should be in the support group, I have decided to do the right thing by delaying my studies and make an appeal to the tribunals.

However, it seems that I won't make it for the 1 month deadline as from the date of the mandatory reconsideration. I'm still in the process of getting the appeal together and still needing to request the Dr's medical report by writing a formal letter to do them first. We had a CAB advisor who was originally helping us out but after leaving the advisor had passed the paper work back to myself as it was difficult to help us without any medical reports. I'm extremely worried and stressed out about missing the deadline which is in 7 days time. It's not enough to get the application form together with the medical evidence. I've spoken to the jobcentre and they said that the it's out of theirs and DWPs hands and so referred me to calling the tribunals place. I've called and they have explained that I need to send in a late appeal explaining reasons why its late. I'm really worried that they won't accept my reasons and that it will negatively hinder my dads case. Is this likely?

Also, is it possible to send the appeal and provide the medical report separately as soon as we receive it?

Any help will be appreciated during these desperate times.

Many thanks in advance

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8 years 4 weeks ago #155769 by shelam
Replied by shelam on topic Urgent: Extending ESA appeal deadline
Hi Gracey

Sorry you're having such a worrying time.

I think, before you worry yourself sick, you ought to send a letter to the Tribunal Service explaining as clearly as you have done in your email to us, what your problems are. I think you should find them understanding and willing to allow you extra time.

Clearly your Dad is unable to deal with the situation himself, so that should be in your favour - that you have had to 'take over' from him and deal with everything yourself.

Any extra evidence, medical or otherwise, you can send as soon as you are able; always send or keep copies of any paperwork you send (I'm sure you do!!)

Write to them as soon as you are able; when you get a response, let us know and then we can help if any other problems arise.

Take a deep breath and do it!! Good luck.
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8 years 4 weeks ago #155776 by Gordon
Replied by Gordon on topic Urgent: Extending ESA appeal deadline
Gracey

You do not need to provide detailed reasons why an appeal is being requested, in fact the form you need to complete does not have space for this.

Have a look at the ESA Appeal guide, it has a link to download and print the form you will need to submit and instructions on how to complete it. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

Once you appeal has been accepted by the Tribunal Service you will have at least four weeks to detail why your father should be in the Support Group.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #159271 by Gracey22
Replied by Gracey22 on topic Urgent: Extending ESA appeal deadline
Dear Moderators,

Thank you for very much for your guides and continuous help and support.

We made it in the tribunal application in time before the deadline and have been waiting months to get a hearing date.

With great news, the DWP reconsidered their decision on the basis of the new evidence we had submitting along with our application and now dad is placed in the Support Group.

We are over the moon. I've spent a year off university and now running up to my finals which were deferred from last year since dad became severely unwell. There could not have been greater news than this as I can finally give myself a small break and start to focus on my own stuff as most young people in their 20's do so.

Thank you all from the bottom of my heart - I can sleep at night knowing that there are people like yourselves who are willing to help me answer any questions and worries I have over dads claims.

I also have a different question to ask but will start a different thread to round this one off.

Again, thank you all.

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7 years 11 months ago #159290 by Gordon
Replied by Gordon on topic Urgent: Extending ESA appeal deadline
Gracey

Brilliant and without having to go to appeal, you obviously put up a convincing argument, well done!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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