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11 years 3 weeks ago - 11 years 3 weeks ago #103564 by Bramble
ESA was created by Bramble
I have received ESA for the Work related Activity group. I was pursuing an appeal to get into the Support Group, but pulled out just before the tribunal, because of anxiety and depression, with an added bereavement.
I saw an advisor for a Work focused interview yesterday, who has recommended that I re appeal, even though I have gone over the month since the tribunal was cancelled. However, since putting in my appeal I have got new evidence. Is there anything to stop me appealing a 2nd time with the fresh evidence, rather than trying to reinstate the old appeal.I would really appreciate some advice.
Last edit: 11 years 3 weeks ago by bro58. Reason: Tick.

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11 years 3 weeks ago #103568 by slugsta
Replied by slugsta on topic ESA
I will try to provide some information for you now as the forum is about to close for new posts until 8pm.

You can make a late appeal up to 13 months after the original decision, but it is up to you to show 'good reason' for doing so. With the length of time people are waiting for tribunals, I suspect that you might now be out of time?

If you are out of time, then your only olption would be to ask for a 'supersession' on the grounds that your condition has worstened. In this case, the onus would be completely on you to provide evidence that this deterioration has occured since the decision was made.

I don't know whether it is possible to reinstate an appeal that you have previously cancelled, even if you are still in time. Perhaps one of the other mods will comment on this.

Finally, it appears that your username might be your real name. If you wish to change it, in order to maintain a degree of anomymity on a public forum, you should follow the steps in this FAQ

My full name is showing, how can I stop it?

Perhaps you can come back this evening and let us know how long it is since the original decision was made and when you cancelled the appeal?

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

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11 years 3 weeks ago #103571 by Gordon
Replied by Gordon on topic ESA
JF

It is possible to re-instate a previous appeal, but there is a time limit, which I think is 2 weeks, however, you lose nothing by contacting the Tribunal Service to see whether it can be done, you will need the TS reference number which should be on any previous correspondence you have had from them.

Ring today as the longer you leave it the less likely you are to be successful.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta

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11 years 3 weeks ago - 11 years 3 weeks ago #103589 by Bramble
Replied by Bramble on topic ESA
Gordon, I am having further tests for something new that has developed since I submitted my appeal. I will have some current consultant reports which should show a deterioration in my condition. I was wondering whether it was better to appeal on the basis of deteriorating health rather than trying to resurrect the previous appeal?
Last edit: 11 years 3 weeks ago by Gordon.

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11 years 3 weeks ago #103591 by Gordon
Replied by Gordon on topic ESA

JAF wrote: Gordon, I am having further tests for something new that has developed since I submitted my appeal. I will have some current consultant reports which should show a deterioration in my condition. I was wondering whether it was better to appeal on the basis of deteriorating health rather than trying to resurrect the previous appeal?


You cannot make an appeal on the basis of a change in your health, both the DWP and the Tribunal panel can only look at your condition as it was at the time of the original Decision, not any changes that have happened since then.

You can request a Supersession based on a new or deteriorated condition, but this will result in a full re-assessment of your claim including a new ESA50 and most likely a face to face assessment.

The decision is yours, a supersession can run in parallel to an appeal, but will limit any Decision that might result from that appeal.

Gordon

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

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10 years 7 months ago - 10 years 7 months ago #111754 by Bramble
Replied by Bramble on topic ESA
I started an appeal against being put in the Work Related Group on ESA, rather than the Support Group, last year. I had a Tribunal in January, which I withdrew from because of a bereavement, so my appeal was closed. I have had worsening health since then and I want to know whether I can re appeal on the grounds of a deterioration in my health. I have been given conflicting information by the DWP. At first I was told to write to them requesting a re appeal, with accompanying information. Now they are telling me to write to the Tribunal Service asking for a re instatement of my appeal. Does anyone know what I should do please?
Last edit: 10 years 7 months ago by bro58.

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