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ESA appeal

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7 years 9 months ago #163582 by Geoff
ESA appeal was created by Geoff
My 46 year old son has brain damage resulting in epilepsy and significant learning difficulties. He has had two periods of supported part-time employment in his life. I completed the ESA claim form for him, as I am named on his LPA an an appointee with the DWP, by answering the questions honestly but not looking up any advice first. He was not put in the Support group and I asked for a mandatory review and gave further information. The decision was not changed and I now want to appeal.
I have now found this site and realise that where I ticked the 'It varies' box I should have ticked the 'Never' box on more than one occassion.
Can I change this choice in my appeal?
Any advice would be greatly appreciated.

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7 years 9 months ago #163618 by Gordon
Replied by Gordon on topic ESA appeal

Geoff wrote: My 46 year old son has brain damage resulting in epilepsy and significant learning difficulties. He has had two periods of supported part-time employment in his life. I completed the ESA claim form for him, as I am named on his LPA an an appointee with the DWP, by answering the questions honestly but not looking up any advice first. He was not put in the Support group and I asked for a mandatory review and gave further information. The decision was not changed and I now want to appeal.
I have now found this site and realise that where I ticked the 'It varies' box I should have ticked the 'Never' box on more than one occassion.
Can I change this choice in my appeal?
Any advice would be greatly appreciated.


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

Yes in principle, but you will need to explain it detail why the information on the ESA is incorrect, there will be some tendency to believe the original form rather than your correction.

Have a look at the ESA Appeal guide, it has links to the SSCS1 one you will need to complete in order to request an appeal and how to complete it. See

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

Your primary goal is to show that your son meets the criteria for the Support Group, I would suggest that you go through his ESA50, the assessment report and our ESA Claim guides to make sure that you have shown this.

If you have more questions then please reply to this post 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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