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ESA appeal

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12 years 6 months ago - 12 years 3 months ago #72125 by anumao
ESA appeal was created by anumao
Hi, newbie here.
I've just received my failed assessment for ESA (with nil points!)after being on IB for 8 years. Wasn't a member here before all this, silly me!
The letter from Jobcentreplus is confusing as it mentions that they sent me a letter to tell me about it but this letter is the first I've heard of it. Is it the language they use, or do people get 2 letters from them?
I called Glasgow centre, explained and it got 2 different sets of information from 2 different people. People trip over themselves and expect one of us to be sufficiently awake to keep up.
Had a quick read through the guides.....too much information in one go.
This is so distressing!
Last edit: 12 years 3 months ago by . Reason: Changed to smiley face

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12 years 6 months ago #72138 by Gordon
Replied by Gordon on topic Re:ESA appeal
ana wrote:

Hi, newbie here.
I've just received my failed assessment for ESA (with nil points!)after being on IB for 8 years. Wasn't a member here before all this, silly me!
The letter from Jobcentreplus is confusing as it mentions that they sent me a letter to tell me about it but this letter is the first I've heard of it. Is it the language they use, or do people get 2 letters from them?
I called Glasgow centre, explained and it got 2 different sets of information from 2 different people. People trip over themselves and expect one of us to be sufficiently awake to keep up.
Had a quick read through the guides.....too much information in one go.
This is so distressing!

You normally only receive one letter informing you that you failed the medical.

Does the letter you actually received, discuss anything other than the failure, for example, sending more information and/or evidence, if you disagree with the Decision?

In broad terms, you have three options.

- Accept the Decision and claim JSA, this of course presumes that you consider yourslf capable of seeking a job.

- If you can show you have a new condition or that your existing condition has worsened, you can make a new application for ESA, otherwise, wou will have to wait six months before re-applying for ESA.

- Appeal the Decision or ask for a Reconsideration.

If you want to consider the last option then have a look at the following FAQ.

How to submit an appeal

You should seek face to face advice, if available, from your local CAB or Welfare Rights office.

Gordon

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

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12 years 6 months ago #72152 by anumao
Replied by anumao on topic Re:ESA appeal
Thanks for replying Gordon.
The letter I received has ESA 65 on the bottom and shows the scores from the medical. It is the way it is worded that makes me question this. Either way the Glasgow office is putting a copy of the first letter in the mail for me, together with the appeal form. Then I'll know for sure.
My local CAB is only opened on Friday,I guess that's where I'll be unless I can catch them on the phone first.
I think I'll be skipping the reconsideration and going straight to appeal. From what I've read it makes more sense and speeds things along.

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12 years 6 months ago #72155 by anumao
Replied by anumao on topic Re:ESA appeal
Thank you for your reply Gordon.
I replied to your post but it doesn't show so I hope it doesn't duplicate.
The letter I received has ESA65 on the bottom, it shows the points I didn't collect :angry:
Either way the Glasgow office is sending me a copy so I'll find out for sure.
I think I'll skipp the reconsideration and jump into the appeal to save time and more upset.
CAB here I come :(

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12 years 6 months ago #72156 by slugsta
Replied by slugsta on topic Re:ESA appeal
If you appeal, your case will be reconsidered first anyway.

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12 years 6 months ago #72166 by Gordon
Replied by Gordon on topic Re:ESA appeal
ana wrote:

Thanks for replying Gordon.
The letter I received has ESA 65 on the bottom and shows the scores from the medical. It is the way it is worded that makes me question this. Either way the Glasgow office is putting a copy of the first letter in the mail for me, together with the appeal form. Then I'll know for sure.
My local CAB is only opened on Friday,I guess that's where I'll be unless I can catch them on the phone first.
I think I'll be skipping the reconsideration and going straight to appeal. From what I've read it makes more sense and speeds things along.

The ESA65 is normally posted with the Decision notice, sounds like the latter didn't make it into the envelope.

Make sure to note when you receive the notice letter in case, you need this information for any reason.

If you have a look at the ESA Appeals guide it will explain the appeal process, which as another poster pointed out, will include a Reconsideration.

You should request your ESA85 medical report from your local DWP office as this will give you a better understanding of why you failed the medical.

Gordon

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

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