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wrag appeal and ESA mixup
- nik
- Topic Author
12 years 9 months ago - 12 years 9 months ago #90459 by nik
wrag appeal and ESA mixup was created by nik
There has been an issue with my ESA50 form, in that I sent it recorded delivery and when I hadnt heard back from JCP, I checked the royal mail tracking as it was showing as not been delivered. I phoned royal mail and they said that I should fill in a form and they would investigate.
I then received a second ESA50 in the post ( for some reason I seem to get most things twice from JCP)
When I phoned the migration team to see if they had actually received the ESA50, I was told that they couldn’t find that information at that time and they would ring me back.
I received a call back and was told that they had received it and that I didn’t need to do anything further with the second form and to wait for the decision.
A week later I received a reply from Royal mail confirming that the letter( ESA50) was” lost”
However, I have just received notification from JCP that I have been placed in the WRAG. I am concerned that they came to this decision using previous questionnaires or WITHOUT the ESA50 and all the supplementary notes and supporting evidence from my consultants that was attached!
On the ESA I indicated that clearly I meet at least two descriptors for the support group.
I am thinking that my next step would be to lodge an appeal?
have a few questions
1.Should I request details of the documentation the used in coming to that decision at this point, to check they definitely did receive my ESA50?
2.Should I resend all my supplementary notes and supporting evidence from my consultants (sadly the copy of the ESA I sent got corrupted) with my GL24??
3. on the appeal form GL24 should clearly I state the descriptors for the support group that I meet or will that antagonise them that I have inside information as it were?
4.I have still got the second unused ESA50 which I could fill in again… or would that just confuse them?
many thanks in advance
I then received a second ESA50 in the post ( for some reason I seem to get most things twice from JCP)
When I phoned the migration team to see if they had actually received the ESA50, I was told that they couldn’t find that information at that time and they would ring me back.
I received a call back and was told that they had received it and that I didn’t need to do anything further with the second form and to wait for the decision.
A week later I received a reply from Royal mail confirming that the letter( ESA50) was” lost”
However, I have just received notification from JCP that I have been placed in the WRAG. I am concerned that they came to this decision using previous questionnaires or WITHOUT the ESA50 and all the supplementary notes and supporting evidence from my consultants that was attached!
On the ESA I indicated that clearly I meet at least two descriptors for the support group.
I am thinking that my next step would be to lodge an appeal?
have a few questions
1.Should I request details of the documentation the used in coming to that decision at this point, to check they definitely did receive my ESA50?
2.Should I resend all my supplementary notes and supporting evidence from my consultants (sadly the copy of the ESA I sent got corrupted) with my GL24??
3. on the appeal form GL24 should clearly I state the descriptors for the support group that I meet or will that antagonise them that I have inside information as it were?
4.I have still got the second unused ESA50 which I could fill in again… or would that just confuse them?
many thanks in advance
Last edit: 12 years 9 months ago by Gordon.
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- Gordon
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12 years 9 months ago #90460 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:wrag appeal and ESA mixup
nik
Any decision(s) you might wish to take regarding your claim have to be yours, at best, all we can do us make sure you have the information to make that decision.
1. If there is a question over whether they used your ESA50 then then it would make sense to request this information.
2. You can but without you knowing what they have used this may be premature.
3. If you believe you meet one or more Support Group descriptors then there is no reason why you should not state this.
4. As 2.
Gordon
Any decision(s) you might wish to take regarding your claim have to be yours, at best, all we can do us make sure you have the information to make that decision.
1. If there is a question over whether they used your ESA50 then then it would make sense to request this information.
2. You can but without you knowing what they have used this may be premature.
3. If you believe you meet one or more Support Group descriptors then there is no reason why you should not state this.
4. As 2.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- nik
- Topic Author
12 years 9 months ago - 12 years 9 months ago #90461 by nik
Replied by nik on topic Re:wrag appeal and ESA mixup
thanks Gordon
is it recommended to register an appeal and ask for details of the documentation the used in coming to that decision at the same time?
I read something on here about the form to use requesting that information ( subject access request or something), but unclear at what stage in the appeal process that is best requested
is it recommended to register an appeal and ask for details of the documentation the used in coming to that decision at the same time?
I read something on here about the form to use requesting that information ( subject access request or something), but unclear at what stage in the appeal process that is best requested
Last edit: 12 years 9 months ago by Gordon.
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12 years 9 months ago #90462 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:wrag appeal and ESA mixup
nik
You should be able to request the documents over the phone, although we recommend confirming the request in writing. You can raise a Subject Access Request, but the timescales for replying to this are 40 days and the request is handled by a specific department within the DWP which is not associated with your claim.
If you are going down the appeal route you need to be aware of the following.
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
Qualifying for the Support Group
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
Gordon
You should be able to request the documents over the phone, although we recommend confirming the request in writing. You can raise a Subject Access Request, but the timescales for replying to this are 40 days and the request is handled by a specific department within the DWP which is not associated with your claim.
If you are going down the appeal route you need to be aware of the following.
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
Qualifying for the Support Group
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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