ESA Appeal Help

I am writing this on behalf of my friend who has severe ME.

On the 15th March 2012 he underwent an ESA medical and was told that the outcome of the medical would be 2 weeks.

Weeks went by and no contact from the ESA , so I rang three times between March and June only to be told that there was a backlog and to be patient.

Last week he received a letter form the job-centre asking him to attend an interview for WRAG.

I contacted the ESA asking about the medical and they said that the decision was sent out in June. But these papers have never arrived. I promptly asked them to re-send duplicates (with some difficulty. I may add, as they kept inferring that there was a problem with my friends post and that he should change address!!!! He has never had any problem with his post)


The duplicates have arrived and it states that he has been put into WRAG.

We want to appeal as his conditions are so severe that most of the support group descriptors apply to him and I am confused as to why these were not picked up at the medical he had.

The first problem I have is the time-scale of the appeal. There is only 1 month from the date of the papers to make an and these are dated June, but only received notification in August last week. Can he still appeal?

I need help to word the appeal and would like some advice if I may. As said earlier most of the descriptors for the support group apply to him.

Any advice or help on the matter would be welcome.

Thank you

Moondog wrote:

I am writing this on behalf of my friend who has severe ME.

On the 15th March 2012 he underwent an ESA medical and was told that the outcome of the medical would be 2 weeks.

Weeks went by and no contact from the ESA , so I rang three times between March and June only to be told that there was a backlog and to be patient.

Last week he received a letter form the job-centre asking him to attend an interview for WRAG.

I contacted the ESA asking about the medical and they said that the decision was sent out in June. But these papers have never arrived. I promptly asked them to re-send duplicates (with some difficulty. I may add, as they kept inferring that there was a problem with my friends post and that he should change address!!!! He has never had any problem with his post)


The duplicates have arrived and it states that he has been put into WRAG.

We want to appeal as his conditions are so severe that most of the support group descriptors apply to him and I am confused as to why these were not picked up at the medical he had.

The first problem I have is the time-scale of the appeal. There is only 1 month from the date of the papers to make an and these are dated June, but only received notification in August last week. Can he still appeal?

I need help to word the appeal and would like some advice if I may. As said earlier most of the descriptors for the support group apply to him.

Any advice or help on the matter would be welcome.

Thank you

Hi Md,

If you read the appeals form GL24, which can be downloaded from the link on this page :

How to submit an appeal

You will see that you are allowed a late appeal upto 13 months after the adverse decision, if you can show "Good Cause".

I believe that the situation with your friend may constitute "Good Cause".

The other links on the page above will help also.

Many members have been placed in the WRAG of ESA, when they feel that they clearly meet the SG Descriptor criteria, so your friend is not alone there.

In the first instance, you may wish to simply send in the appeals form GL24 stating that you do not agree with the decision, and wish to appeal, explaining the reasons for the appeal being late.

You can say that you will submit further evidence ASAP, once your appeal has been accepted.

Or you can simply reiterate why your friend qualifies for the SG in the first instance on the GL24.

Other usful links :

ESA FAQ’s

Appeals FAQ’s

ESA Guides

Even though your friend has now received written notification regarding the WRAG award, the following might be helpful, if they will not accept the late appeal.

It is unlawful not to receive a decision concerning LCW (WRAG) and LCWRA (SG) in writing, as part of the outcome decision carries a right of appeal under s12 of the SSA 1998. Decisions which carry a right of appeal under s12 shall be notified to the claimant in writing in accordance with reg’ 28 of the Decisions and Appeals Regulations 1999.

See also :

Complaining to the DWP

&

Contacting your MP

If necessary.

Also see :

Where to get advice?

bro58

Thank you