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ESA appeal,refused,no tribunal point blank

  • bari264
12 years 1 week ago #83217 by bari264
Replied by bari264 on topic Re:ESA appeal,refused,no tribunal point blank
Hi,

sorry about this, but, I think that this is wrong advice, DWP have already dealt with your appeal and now you need to write and either reinstate your first appeal or appeal this second decision.

Hope this helps :kiss:

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12 years 1 week ago - 12 years 1 week ago #83222 by carruthers
Replied by carruthers on topic Re:ESA appeal,refused,no tribunal point blank
bari264 wrote:

Hi,

sorry about this, but, I think that this is wrong advice, DWP have already dealt with your appeal and now you need to write and either reinstate your first appeal or appeal this second decision.

Hope this helps

Another amateur correcting advice, but ..

I think it goes like this:

1] You get refused after the medical.

2] You put in an appeal

3] Whether you ask for it or not DWP do a reconsideration (usually by another Decision Maker) .

4] If that reconsideration does NOT overturn the original decision, your appeal goes to tribunal

If OP wants to have the status of their claim confirmed, they should phone the DWP and ask
Last edit: 12 years 1 week ago by slugsta.

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12 years 1 week ago #83223 by slugsta
Replied by slugsta on topic Re:ESA appeal,refused,no tribunal point blank
bari, as I said, I am still a newbie at this. I will ask the other mod's their opinion regarding this.

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

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  • bro58
12 years 1 week ago - 12 years 1 week ago #83225 by bro58
balletdancer wrote:

I am fuming with anger and despare! After completing my 2nd ESA form with the help of the guides and the local CAB, I was expecting I would be placed this time in the SG - I was in the WRAG. My psychiatrist and GP both backed me up - I am totallly unable to participate in any work related activity, they wrote very strong medical evidence letters. I couldn't believe they rejected it point blank! I was expecting it from them anyway so next day, back at the CAB, I am launching an appeal with GL24 form. A few days later I receive a letter of acknowledgement, then a letter that my decision was reviewed and I am still in the WRAG and a few days later an invitation to the jobcentre for interview! I didn't go because of my mental situation but I send them the medical evidence which they seem to ignore. My question is: how can they refuse me my right to appeal in a tribunal, in a court, with me invited and giving evidence? I don't care what THEY think, I want to take them to court, but they seem to not allowing my GL24 reaching the courts, and they just refuse me access! Is it legal? How can I reach the courts? Did that happened to anyone else?


Hi,

From reading BD's original post in the thread, it seems that BD has appealed a decision to be placed in the WRAG, to gain entry to the SG, using form GL24.

BD received a letter confirming receipt of the GL24, and then a further letter a few days later, informing BD that the appeal had been reconsidered, but the WRAG decision had not been changed.

Therefore, BD is still in the WRAG, and BD's appeal to be placed in the SG, should be sent forward to the Appeals Tribunal Service.

BD should now receive the evidence pack from the DWP,and notification that the appeal has been sent forward.

BD may wish to confirm this in writing with the DWP, if in any doubt.

bro58
Last edit: 12 years 1 week ago by bro58.

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  • bro58
12 years 1 week ago - 12 years 1 week ago #83227 by bro58
bro58 wrote:

balletdancer wrote:

I am fuming with anger and despare! After completing my 2nd ESA form with the help of the guides and the local CAB, I was expecting I would be placed this time in the SG - I was in the WRAG. My psychiatrist and GP both backed me up - I am totallly unable to participate in any work related activity, they wrote very strong medical evidence letters. I couldn't believe they rejected it point blank! I was expecting it from them anyway so next day, back at the CAB, I am launching an appeal with GL24 form. A few days later I receive a letter of acknowledgement, then a letter that my decision was reviewed and I am still in the WRAG and a few days later an invitation to the jobcentre for interview! I didn't go because of my mental situation but I send them the medical evidence which they seem to ignore. My question is: how can they refuse me my right to appeal in a tribunal, in a court, with me invited and giving evidence? I don't care what THEY think, I want to take them to court, but they seem to not allowing my GL24 reaching the courts, and they just refuse me access! Is it legal? How can I reach the courts? Did that happened to anyone else?


Hi,

From reading BD's original post in the thread, it seems that BD has appealed a decision to be placed in the WRAG, to gain entry to the SG, using form GL24.

BD received a letter confirming receipt of the GL24, and then a further letter a few days later, informing BD that the appeal had been reconsidered, but the WRAG decision had not been changed.

Therefore, BD is still in the WRAG, and BD's appeal to be placed in the SG, should be sent forward to the Appeals Tribunal Service.

BD should now receive the evidence pack from the DWP,and notification that the appeal has been sent forward.

BD may wish to confirm this in writing with the DWP, if in any doubt.

bro58


As an afterthought, and as BD's post is not entirely clear as to the sequence of events, BD should clarify with the CAB, if they filled in the GL24 on BD's behalf, that in fact an appeal was submitted, and not just a request for a reconsideration.

When an appeal is submitted, an automatic reconsideration takes place, this is carried out by a different DWP DM.

If the adverse decision is changed at this stage, the appellant is informed, and the ammended decision supersedes the original adverse decision.

If the original award is not changed at reconsideration, the appeal is automatically sent forward to the Tribunals Service, without the appellant having to instigate it further.

However, if a request for a reconsideration only is made, and the decision is not changed, the claimant then has to submit an appeal as a seperate action.

This is why we recommend appealing in the first instance, as it only involves one action by the claimant, rather than two.

Therefore BD does need to clarify with the CAB and the DWP that an APPEAL has in fact been submitted and accepted by the DWP, and not just a request for a reconsideration.

bro58
Last edit: 12 years 1 week ago by bro58.

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