ESA 0points - what happens now?

Judith wrote: Hello Everyone

Here I am back from my lovely holiday in Tenerife, back to the DWP brown envelope and its robotic contents. The date on my letter is 25th March but as I was away I do not know when it arrived but I did not see it until 3rd April. Last night I read several postings on here trying to get a grip on what I have to do next.

This afternoon I have spent over 2 hours checking my DWP "reasons" and lists of 0 points against your information on how to fill in the form. Unfortunately I did not find W & B prior to sending my form off in January but feel that I did give enough information. On checking the "reasons given etc." I have found 5 sections where I consider I should get 6 points each and there are also queries on some other sections. There are 2/3 sections where DWPs comments and Nil points awarded
totally contradict what I put on my form. I have also noticed that they have made assumptions as to my condition and not given what I had written any consideration at all. They also refer to me like I am a thing and not a human being!

What I need to know now is what do I need to put on the Appeal Form? I do not have any medical letters/reports to back my conditions. Do I just register the form saying that I am appealing against their decision or do I have to write down everything I think they have got wrong - is there any documents on this site to help me?

Many thanks in advance, I will need much help in order to register this appeal. Judith

In my DWP information it gives various options open to me now but I thought I read somewhere that I should not ask for a reconsideration I must appeal - can you confirm this for me please?

Hi J,

Glad to see that you had a relaxing break.

A lot of useful information can be gleaned from the links that Gordon provided earlier on in this topic thread :

www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#101275

If you wish to receive the 365 days of CB ESA at The Assessment Rate, whilst appealing, you will have to submit an appeal, and not request a reconsideration.

You will receive an automatic reconsideration on appealing any away.

You must also obtain a Med 3 "fit note" from your G.P. to cover you from the date that your benefit ceased.

You should send this to The DWP, keeping a copy.

Sending Documents to the DWP or ATOS

Although, it may help to point out extracts from the Medical Report that you do not agree with, the important issue is to show how and why you qualify for The WRAG, by obtaining the minimum 15 points required or under ESA Reg 29 :

WRAG (LCW) Descriptors

ESA Reg 29 for entry to The WRAG (LCW)

Qualifying for the WRAG

And/or that you qualify for The SG by fulfilling at least one of The SG Descriptors, or by fulfilling ESA Reg 35 :

SG (LCWRA) Descriptors

ESA Reg 35 for entry to The SG (LCWRA)

Qualifying for the Support Group

If you have no fresh evidence, you can re-refer the reviewing DM to evidence that you have already provided.

The important thing is to make sure that you return the GL24 Form to The DWP within one month of the date of the letter.

The more information that you can provide at an early stage the better your chance of receiving a positive result at the reconsideration stage.

However, you can submit further information once you have submitted the GL24, which will protect your right to appeal.

bro58

Hi bro58

Have been doing much more earching and reading since last evening and before I ask further questions on what you wrote to me I have another querie.
I was reading "Understanding Employment & Support Allowance (Partial January 2013 changes) as I believe I come under this section. On Page 40 it states "claimants who receive national insurance credits only will not even begin to be migrated until after March 2014" - earlier in this thread Gordon (I think) said that during my years of IB I would only have received national insurance credits and not contributions so I would be unable to claim Jobseekers. Now then, have I misread this or does it mean something else ??

Now referring to your reply last night - I am seeing my GP on Monday but I actually spoke to her 2 weeks ago to tell her about my situation and that I would need a Med3 fit note - she said that I was in very good company because "they" were doing this to many other patients in my age group .

The paperwork from DWP states that I have been awarded 0 points using information from my face to face interview on 28th February - I did think that they had not read my very comprehensive information on the form. The interviewer has stated many incorrect facts and in fact some of the facts stated were not even discussed with me.

I just need some more helpful hints and clarification as to how and what to write in my appeal please. You say that the important issue is to show how and why I qualify for The WRAG by obtaining minimum 15points - so, how do I write that up? Should I refer to each Descriptor where I consider I qualify for points? Or do I refer them to my comprehensively filled in form which they have had for months?? Do I need to send a copy of this form with my appeal or will they have a copy?

Will my GP be asked for information from DWP? My current GP has never dealt with me regarding my Incapacity as I was already incapacitated when I joined her practice 14 years ago and my last sick note was January 1997! I have had 4 medicals with doctors for my IB and they always acknowledged my limitations. My last medical for IB was about 6 years ago and as I left the lovely doctor said to me "I cannot guarantee it but I doubt they will not send for you again considering your age".

With my IB I have been able to afford certain treatments in order to make my life a little easier - I employ a cleaner, have private chiropody, private alternative therapy mainly for my back, these add up to about £190 a month so am having to cancel all of that immediately as my benefit has stopped so actually my conditions will get worse and I have been told I can work.

Look forward to hearing from you bro58, Thanks, Judith

Hi Gordon

Unfortunately did not find this site until after I had submitted my form - but I am very good at those things and hence I think I am more shocked that they appear to have disregarded what I have said.

Think you have misunderstood somewhere - I have 0 points not 9 !!

I was not intending to tell them about having to cancel the help I employ I was just saying it to complete the picture

I have downloaded the appeal form but the area given to explain why I am appealing is very small and it says to complete in block capitals. Do you think it woiuld be acceptable if I typed out my reasons for appealing and attached it to the form?

My querie about insurance credits - thought that was what you would say - just trying to find some hope!!

Many thanks to you and bro58 and other contributors to this thread. I shall work on this over the weekend, in draft form and will wait until I have seen GP on Monday to see if she has any more words of wisdom for me. The DWP have not contacted my GP - I asked her when I telephoned.

So really it sounds like what I have to do is to repeat my statements about my health conditions and then hope ......

Judith

Hi Everyone

Well have posted off my Appeal today using a tracking service. I had been advised on this forum to send any medical evidence but I do not have any so I wrote in the tiny box on the form that further evidence may be submitted at a later date. I typed out 2 A4 sheets where I challenged 5 or 6 of the Decision Makers comments and now am back into the waiting game - it is already four months since I was initially contacted . I just need to try and not stress out about it because I cannot do any more at this stage but I do find it difficult to relax. I have also enclosed my first Med 3 form with the appeal paperwork - first sick note since January 1997

In general how long are people waiting for Appeals at the moment ? - I understand that it will vary but thought I would ask anyway. I am in the West Midlands and apparently come under the Wolverhampton Job Centre

Will update on this as and when Judith