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Please help.......advice needed
- Rebecca
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12 years 3 months ago #80442 by Rebecca
Please help.......advice needed was created by Rebecca
Hi all
I will apologise in advance as this may be a little long winded.
I attended a medical back in June 2010 for ESA and was placed in the WRAG group. I appealed this and had to wait until November 2011 to have my appeal heard. I won my appeal in Nov 2011, YAY, and placed in the support group as I have physical problems. However, I hadnt heard a thing from the DWP and have been chasing them for a response. I have been told today, that as I filled in another form in February 2011 I was placed back into the WRAG group, even thought my appeal wasnt heard until Nov 2011. They have told me that as my appeal was for when I first claimed in June 10 that my appeal will only cover me from Jun 10 - Feb 11,(as I completed another form) and I will have to re-appeal from Feb 11 - date?? Can anyone please advise me if this is correct. I dont understand how they can say that even though my appeal in Nov 11 states I should have and should continue to be in the support group.
I am now about to embark on filling out yet another form, but thought I would ask you for your much appreciated advice first.
Thanks in advance.
xx
I will apologise in advance as this may be a little long winded.
I attended a medical back in June 2010 for ESA and was placed in the WRAG group. I appealed this and had to wait until November 2011 to have my appeal heard. I won my appeal in Nov 2011, YAY, and placed in the support group as I have physical problems. However, I hadnt heard a thing from the DWP and have been chasing them for a response. I have been told today, that as I filled in another form in February 2011 I was placed back into the WRAG group, even thought my appeal wasnt heard until Nov 2011. They have told me that as my appeal was for when I first claimed in June 10 that my appeal will only cover me from Jun 10 - Feb 11,(as I completed another form) and I will have to re-appeal from Feb 11 - date?? Can anyone please advise me if this is correct. I dont understand how they can say that even though my appeal in Nov 11 states I should have and should continue to be in the support group.
I am now about to embark on filling out yet another form, but thought I would ask you for your much appreciated advice first.
Thanks in advance.
xx
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12 years 3 months ago #80447 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Please help.......advice needed
Rebecca
Unfortunately what you have been told is correct.
A Tribunal remakes the original Decision and has effect from the original date of that Decision.
As you were re-assessed, a new Decision was made which limits the term of the appeal award.
I am afraid that if you believe you should be in the Support Group, you will need to appeal this new Decision.
It may be too late, but if you have not already done so, you should request a Statement of Reasons from your Novenmber Tribunal. It may be of limited use with regard to any news appeal, the DWP will undoubtedly argue that it is superceded by the new Decision, but it will help you understand how that panel came to it's Decision and may be of help this time.
That said, your June 2010 Decision and November 2011 Tribunal were made using the old ESA descriptors, so your being placed in the WRAG this time may be a result of these changes to the SG criteria.
Hope this explains it.
Gordon
Unfortunately what you have been told is correct.
A Tribunal remakes the original Decision and has effect from the original date of that Decision.
As you were re-assessed, a new Decision was made which limits the term of the appeal award.
I am afraid that if you believe you should be in the Support Group, you will need to appeal this new Decision.
It may be too late, but if you have not already done so, you should request a Statement of Reasons from your Novenmber Tribunal. It may be of limited use with regard to any news appeal, the DWP will undoubtedly argue that it is superceded by the new Decision, but it will help you understand how that panel came to it's Decision and may be of help this time.
That said, your June 2010 Decision and November 2011 Tribunal were made using the old ESA descriptors, so your being placed in the WRAG this time may be a result of these changes to the SG criteria.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rebecca
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12 years 3 months ago #80452 by Rebecca
Replied by Rebecca on topic Re:Please help.......advice needed
Hi Gordon
Thanks for the speedy response. I thought it might have been, oh well.
Could I just ask, what is a "Statement of Reasons"?
I will still try and appeal on the grounds that I though it was a continueing claim...........a long shot but worth a try.
xx
Thanks for the speedy response. I thought it might have been, oh well.
Could I just ask, what is a "Statement of Reasons"?
I will still try and appeal on the grounds that I though it was a continueing claim...........a long shot but worth a try.
xx
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12 years 3 months ago #80457 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Please help.......advice needed
Rebecca wrote:
If you decide to appeal then you need to do so on the basis of your meeting the current ESA criteria for the Support Group, your suggestion that you thought "it was a continuing claim" is unlikely to be successful.
Gordon
A Statement of Reasons is produced by the judge of your Tribunal panel, and is a full written explanation of how the panel came to the Decision it did. It should explain in detail which Support Group criteria you met and why the panel believed you met that criteria.Hi Gordon
Thanks for the speedy response. I thought it might have been, oh well.
Could I just ask, what is a "Statement of Reasons"?
I will still try and appeal on the grounds that I though it was a continueing claim...........a long shot but worth a try.
xx
If you decide to appeal then you need to do so on the basis of your meeting the current ESA criteria for the Support Group, your suggestion that you thought "it was a continuing claim" is unlikely to be successful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 3 months ago #80568 by Rebecca
Replied by Rebecca on topic Re:Please help.......advice needed
thank you Gordon xx 
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