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Appeal Advice

  • buffy12
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12 years 1 month ago - 12 years 1 month ago #103013 by buffy12
Appeal Advice was created by buffy12
I've always received some excellent advice on here and was hoping to ask for more please.
My Esa contribution based ends in September, I rang the helpline last week to tell them I'm pregnant. I asked when I would be reassed because I'm going through so much stress and anxiety being in the WRAG group, I'm scared for the health of my baby :( .
The woman I spoke to said I could appeal the decision made last Aug at anytime, but I've read online that they will only accept appeals after the 4 weeks deadline in certain cases. Do I have an acceptable reason? And if they do accept an appeal what will happen to my payments while they are looking into it. I'm so worried that I cannot eat or sleep, my GP asked if I could appeal the decision at my last app.

I know from asking for more information last year that the decision made to place me in the WRAG group was based on my questionnaire and previous Medical reports and a Previous medical assesment.

Thank You for any advice
Last edit: 12 years 1 month ago by .

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12 years 1 month ago - 12 years 1 month ago #103015 by
Replied by on topic Appeal Advice

buffy12 wrote: I've always received some excellent advice on here and was hoping to ask for more please.
My Esa contribution based ends in September, I rang the helpline last week to tell them I'm pregnant. I asked when I would be reassed because I'm going through so much stress and anxiety being in the WRAG group, I'm scared for the health of my baby :( .
The woman I spoke to said I could appeal the decision made last Aug at anytime, but I've read online that they will only accept appeals after the 4 weeks deadline in certain cases. Do I have an acceptable reason? And if they do accept an appeal what will happen to my payments while they are looking into it. I'm so worried that I cannot eat or sleep, my GP asked if I could appeal the decision at my last app.

I know from asking for more information last year that the decision made to place me in the WRAG group was based on my questionnaire and previous Medical reports and a Previous medical assesment.

Thank You for any advice


Hi b12,

You can make a late appeal up to 13 months after an adverse decision.

You will need to show good cause.

If your only reason for making a late appeal was your current pregnancy, this would not be allowed, as an appeal would only look at whether you should have been placed into The SG at the time of the adverse WRAG decision, and not how you have been at any time since then.

You can read about late appeals in The GL24 Form which can be downloaded from the link on this page :

How to submit an appeal

Another alternative, is to request a review/supersession of your current WRAG award.

You can do this if you are suffering from different health conditions, or your original health condition has deteriorated to the extent that you now qualify for The SG.

There is an exemption regarding pregnancy, as seen below :

"(c) you are pregnant and there is a serious risk of damage to your health or to the health of your unborn child if you do not refrain from work-related activity."

As you can see, you would have to provide evidence that there would be a serious risk to the health of yourself or your unborn child if you were not placed into The SG.

See : Qualifying for the Support Group

ESA Claims Guides

bro58
Last edit: 12 years 1 month ago by .

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  • buffy12
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12 years 1 month ago - 12 years 1 month ago #103018 by buffy12
Replied by buffy12 on topic Appeal Advice
Thank You, would I just have to write a letter and ask for a review and state the reasons how my condition has changed? I did ask for the original Decision to be looked at again last year, but they said they wouldn't change it. My head is all over the place at the moment.
Last edit: 12 years 1 month ago by .

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12 years 1 month ago #103019 by
Replied by on topic Appeal Advice

buffy12 wrote: Thank You, would I just have to write a letter and ask for a review and state the reasons how my condition has changed? I did ask for the original Decision to be looked at again last year, but they said they wouldn't change it. My head is all over the place at the moment.


Hi b12,

Yes, you could either write a letter, or use the GL24.

In either case, make it clear that you are requesting a review/supersession of the current WRAG award, rather than appealing the decision.

Any supporting evidence that you can obtain from your G.P. or other treating HCP, should help.

See : Sending Documents to the DWP or ATOS

bro58

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  • buffy12
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12 years 3 weeks ago - 12 years 3 weeks ago #104851 by buffy12
Replied by buffy12 on topic Appeal Advice
I wrote and asked for a supersession along with a letter from my midwife, they have said they have looked at my points, but will not change the original decision :( . Where do I go from here?
Last edit: 12 years 3 weeks ago by Gordon.

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12 years 3 weeks ago #104853 by Gordon
Replied by Gordon on topic Appeal Advice

buffy12 wrote: I wrote and asked for a supersession along with a letter from my midwife, they have said they have looked at my points, but will not change the original decision :( . Where do I go from here?


It sounds to me as if the DWP have treated your request for a Supersession as a request for a Reconsideration.

A supersession is a request for a re-assessment and new Decision to be made, there is no requirement for the DWP to look at the previous Decision and the number of points you scored, it should result in a new ESA50 being issued and most likely a new face to face assessment.

You need to get in touch with the DWP and explain that they have misinterpreted your previous request, it is quite likely that you will need to do this in writing but you can start with a phone call.

Gordon

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

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