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  • kay
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11 years 1 month ago - 11 years 1 month ago #101987 by kay
esa was created by kay
hi dont know if this is the right web site been trying to ask questions for weeks i won my appeal after being knocked of incaptivity benifit in febuary 2013 while in the chambers the panel who were a judge and doctor both told me to get off contrubrution e s a and on to support e s a which i didnt understand how to go about this i down loaded a form and rang the dwp but nothing happened then last week at a job centre were i had been sent to for a interview to see what work i am suitable for {the lady doing the interview said i should have never been sent for } i was told to ring the dwp and tell them i wanted to appeal which i did and they told me i had to send in a letter which i did this morning i got a letter saying they are going to look at the decision again and revise ready for a appeal but i am not sure about which appeal it says nothing i went into my tribunal with 6 points and came out with 18 and was told to go for the support side of esa and dla and blue car badge do i need any forms to fill out for a appeal i hope this comes through to you because so far everyone has failed :S
Last edit: 11 years 1 month ago by . Reason: Tick.

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11 years 1 month ago - 11 years 1 month ago #101991 by Gordon
Replied by Gordon on topic esa

kay wrote: hi dont know if this is the right web site been trying to ask questions for weeks i won my appeal after being knocked of incaptivity benifit in febuary 2013 while in the chambers the panel who were a judge and doctor both told me to get off contrubrution e s a and on to support e s a which i didnt understand how to go about this i down loaded a form and rang the dwp but nothing happened then last week at a job centre were i had been sent to for a interview to see what work i am suitable for {the lady doing the interview said i should have never been sent for } i was told to ring the dwp and tell them i wanted to appeal which i did and they told me i had to send in a letter which i did this morning i got a letter saying they are going to look at the decision again and revise ready for a appeal but i am not sure about which appeal it says nothing i went into my tribunal with 6 points and came out with 18 and was told to go for the support side of esa and dla and blue car badge do i need any forms to fill out for a appeal i hope this comes through to you because so far everyone has failed :S

I need you to confirm the order of events in your claim, the dates are not important but the order is and also if I have missed anything.

1. Originally on IB
2. Transferred to ESA
3. Failed with a Fit for Work Decision
4. Appealed
5. DWP did not change the FfW Decision
6. Attended a Tribunal with a Judge and a Doctor
7. Awarded 18 points.
8. Placed in the WRAG
9. Now attending WFIs

You have not been re-assessed or completed another ESA50 since the Tribunal Decision.

Please reply to this post.

Thanks

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #102010 by Gordon
Replied by Gordon on topic esa
kay

As you have not responded to my previous post I will advise on what I believe is you situation.

So I am assuming that you are in the WRAG following a Tribunal and have not been re-assessed since.

On this basis you cannot appeal the Decision to place you in the WRAG as it was made by a Tribunal and you are now outside of the one month to challenge it.

In regard to your being placed in the Support Group, you have two options, wait until you are re-assessed again, you may be able to find out when this will be by phoning the DWP, sometimes they can provide the information from the computer.

Alternatively, if you can show that your condition has deteriorated or you have a new condition, such that you are now eligible for the Support Group , then you can write to the DWP and ask to be re-assessed on this basis. The burden of proof lies wholely with you and you will need to provide medical evidence supporting this, that post dates the Decision that found you Fit for Work.

Gordon

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

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