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Forced to look for work despite having med cert
- Gordon
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12 years 8 months ago #95729 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Forced to look for work despite having med cert
Stu77 wrote:
ESA medical – what forms to ask for?
There may also be an ESA72.
If you are considering an appeal, then the following FAQs may be of help
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
Disability Rights UK Factsheet - Appeals and reconsiderations
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
Gordon
Then you can request the documents associated with this new Decision, seeYes the decision arrived today - placed in the WRAG
ESA medical – what forms to ask for?
There may also be an ESA72.
If you are considering an appeal, then the following FAQs may be of help
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
Disability Rights UK Factsheet - Appeals and reconsiderations
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
- Stu77
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12 years 8 months ago - 12 years 8 months ago #95759 by Stu77
Replied by Stu77 on topic Re:Forced to look for work despite having med cert
Hi Gordon, Thanks. I read all those links you provided 
This was where I read it might be a bad idea to request these docs, according to this paragraph in the BW ESA guide:
Explaining why you disagree with the decision
'As you may have been given very little information about why you have not received an award it can be difficult to explain why you disagree. You can request that the DWP send anexplanation for the decision and if you do so the deadline for the appeal will be extended by 14 days. We would not advise you to do this. The opportunities for confusion and missed deadlines are increased, the reasons given may still not be very detailed and it may make completing the appeal form more difficult unless you have detailed knowledge of benefits law.'
When I requested evidence with regard to when I previously appealed against my benefit being stopped, I was quite promptly sent the ESA85 and ESA65 only. This request using the letter template in the appeals guide would include quite a bit more, and this time I'd be appealing to the SG from WRAG.
Should I still request these before appealing, is there much risk? I would like to. In order to appeal I'd be better prepared with them, plus I get an additional 14 days added to my appeal deadline if I do which also helps.
What address do I send the request for the evidence? I can't confirm it. Is it the same address that I have to send the GL24 I printed of the gov website? i.e. the JC+ Glasgow office that sent me the decision? Perhaps a silly question I know
Also is the named representative you fill details of in on the GL24 if you're using a solicitor, or can it be the person you take for support such as a family member?
Many thanks,
Stu.

This was where I read it might be a bad idea to request these docs, according to this paragraph in the BW ESA guide:
Explaining why you disagree with the decision
'As you may have been given very little information about why you have not received an award it can be difficult to explain why you disagree. You can request that the DWP send anexplanation for the decision and if you do so the deadline for the appeal will be extended by 14 days. We would not advise you to do this. The opportunities for confusion and missed deadlines are increased, the reasons given may still not be very detailed and it may make completing the appeal form more difficult unless you have detailed knowledge of benefits law.'
When I requested evidence with regard to when I previously appealed against my benefit being stopped, I was quite promptly sent the ESA85 and ESA65 only. This request using the letter template in the appeals guide would include quite a bit more, and this time I'd be appealing to the SG from WRAG.
Should I still request these before appealing, is there much risk? I would like to. In order to appeal I'd be better prepared with them, plus I get an additional 14 days added to my appeal deadline if I do which also helps.
What address do I send the request for the evidence? I can't confirm it. Is it the same address that I have to send the GL24 I printed of the gov website? i.e. the JC+ Glasgow office that sent me the decision? Perhaps a silly question I know

Many thanks,
Stu.
Last edit: 12 years 8 months ago by Gordon.
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12 years 8 months ago #95763 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Forced to look for work despite having med cert
Stu
The warning you reference applies specifically to a Statement of Reasons and not any other document that may have been used in the Decision on your claim.
The SoR has a special role with regard to the process of appealing, as in principle, it can extend the period available to lodge the appeal within, however, the SoR is often not produced, I know of only one occasion in the last year where a claimant has actually received one, also the format of the SoR is not fixed annd can be provided over the phone. Consequently, we make this warning so that claimants can ensure that their appeal is lodged within the one month , normally available, and do not wait for a SoR that may never arrive.
So to confirm, there is no risk associated with requesting your documents, including a SoR, but you must ensure that any appeal is lodged in time.
You should send your request to the DWP office that has been dealing with your claim.
Gordon
The warning you reference applies specifically to a Statement of Reasons and not any other document that may have been used in the Decision on your claim.
The SoR has a special role with regard to the process of appealing, as in principle, it can extend the period available to lodge the appeal within, however, the SoR is often not produced, I know of only one occasion in the last year where a claimant has actually received one, also the format of the SoR is not fixed annd can be provided over the phone. Consequently, we make this warning so that claimants can ensure that their appeal is lodged within the one month , normally available, and do not wait for a SoR that may never arrive.
So to confirm, there is no risk associated with requesting your documents, including a SoR, but you must ensure that any appeal is lodged in time.
You should send your request to the DWP office that has been dealing with your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- TheGodSplinter
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12 years 8 months ago #95766 by TheGodSplinter
Replied by TheGodSplinter on topic Re:Forced to look for work despite having med cert
If it's any consolation, to you, of the entirely psychologically supportive type, I've been out 12 times in around 13 years, because of agoraphobia.
I just wanted you to know that I know how life is, for you, due to your own.
I just wanted you to know that I know how life is, for you, due to your own.
- Stu77
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12 years 8 months ago - 12 years 8 months ago #95771 by Stu77
Replied by Stu77 on topic Re:Forced to look for work despite having med cert
Thanks again Gordon, I will request those documents like the E85 etc. I shall also make an apt with my GP to attain a supporting letter in the event I need it.
By the way, will this thread be locked if no posts are made for a certain time ? As I will have updates and maybe future questions and I don't want to keep making unnecessary threads. Also I keep forgetting to quote posts, as I've been used to other net forums preferring that people don't due to the how it lengthens the thread, more server load etc. Please tell me if you guys rather I did
I'm also still getting used to the opening times as I have weird sleep cycles 
All the best,
Stu.
By the way, will this thread be locked if no posts are made for a certain time ? As I will have updates and maybe future questions and I don't want to keep making unnecessary threads. Also I keep forgetting to quote posts, as I've been used to other net forums preferring that people don't due to the how it lengthens the thread, more server load etc. Please tell me if you guys rather I did


All the best,
Stu.
Last edit: 12 years 8 months ago by Gordon.
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12 years 8 months ago #95776 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Forced to look for work despite having med cert
Stu77 wrote:
You can quote or not as you wish, personally I don't like quotes of quotes, but that's just me
We are limited in our opening time by the availability of Moderators, who are all disabled themsleves, we used to provide a 24 x 5 service, but I for one am struggling with the 2 x 2 x 5 that we are currently supplying, so I think it unlikely we will extend the service in the near future.
Gordon
We don't normally lock threads so there should be no problem posting in the future.Thanks again Gordon, I will request those documents like the E85 etc. I shall also make an apt with my GP to attain a supporting letter in the event I need it.
By the way, will this thread be locked if no posts are made for a certain time ? As I will have updates and maybe future questions and I don't want to keep making unnecessary threads. Also I keep forgetting to quote posts, as I've been used to other net forums preferring that people don't due to the how it lengthens the thread, more server load etc. Please tell me if you guys rather I didI'm also still getting used to the opening times as I have weird sleep cycles
All the best,
Stu.
You can quote or not as you wish, personally I don't like quotes of quotes, but that's just me

We are limited in our opening time by the availability of Moderators, who are all disabled themsleves, we used to provide a 24 x 5 service, but I for one am struggling with the 2 x 2 x 5 that we are currently supplying, so I think it unlikely we will extend the service in the near future.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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