ESA Appeal - Documentation Clarification

Hi
First can I thank everyone for the excellent guides and answers on the forum. I have not needed to post since joining as all my questions have been answered though others posting but now I am a bit stuck!
I have been transfered IB to WRAG and appealing to be put in the support group. My case has been passed to another benefit office to deal with the appeal (no date yet!).
I have requested all DWP evidence but nothing has arrived within 40 days so I have sent a reminder. Is this common?
I am also a little confused as to sending evidence. I have no date for appeal yet so is it acceptable to forward additional evidence to the new benefit office?
The initial decision was made with no medical or request for information from my GP, Consultant or any other healthcare practitioner I am currently being treated by. I have requested copies of my medical history from my GP and main RA Consultant so not sure if I hang on to these when they arrive or forward asap to new benefit office.
Sorry to ramble but I am stressing more each day and tomorrow I have my first work-focused interview to contend with.
Thanks in anticipation.

Hi,

Welcome to the Forum.

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ

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

The DWP have set up appeals teams in different geographical locations, so it is quite normal for it to be passed to a different office.

When The DWP receive an appeal, they will first carry out an automatic reconsideration of the adverse decision.

This will be done by a different more senior Decision Maker (DM) to the one that made the original decision.

If the decision is not revised in your favour at that stage, you should be informed, and your appeal should then be sent forward automatically to The Appeals Tribunal Service.

You should then receive an evidence pack, and after that stage all correspondence/extra evidence should be sent to The TS and not The DWP.

However, to stand the best chance of having the decision changed in your favour at the reconsideration stage, you should forward any evidence to The DWP at the office that is dealing with your appeal.

Guidelines used to be that a reconsideration took about 11-12 weeks.

However, it would be advisable to send any fresh evidence that you may have to The DWP as soon as you have it.

Sending Documents to the DWP or ATOS

You should try and clarify how and why you qualify for The SG :

Qualifying for the Support Group

You may also wish to review our :

ESA Claims Guides

ESA FAQ’s

&

Appeals FAQ’s

You may also find this document helpful :

Disability Rights UK Factsheet - Appeals and reconsiderations

We have heard from members where they have had to give The DWP a "nudge" regarding the SAR and the 40 calender days.

A threat to complain to ICO usually gains the required result :

www.ico.org.uk/complaints

Have you informed The JCP Adviser that you have appealed to gain entry to The SG ?, if not, it may well be worthwhile doing so, see:

Do I have to attend WFIs while I appeal?

WFI's can be carried out over the phone, deferred or even in one's home.

See :

Work Focused Interviews

Work Programme

Changes to ESA Sanctions

Please reply to this topic if you have any further queries.

bro58

bro58 wrote: Hi,

Welcome to the Forum.

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ

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

The DWP have set up appeals teams in different geographical locations, so it is quite normal for it to be passed to a different office.

When a DWP receive an appeal, they will first carry out an automatic reconsideration of the adverse decision.

This will be done by a different more senior Decision Maker (DM) to the one that made the original decision.

If the decision is not revised in your favour at that stage, you should be informed, and your appeal should then be sent forward automatically to The Appeals Tribunal Service.

You should then receive an evidence pack, and after that stage all correspondence/extra evidence should be sent to The TS and not The DWP.

However, to stand the best chance of having the decision changed in your favour at the reconsideration stage, you should forward any evidence to The DWP at the office that is dealing with your appeal.

Guidelines used to be that a reconsideration took about 11-12 weeks.

However, it would be advisable to send any fresh evidence that you may have to The DWP as soon as you have it.

Sending Documents to the DWP or ATOS

You should try and clarify how and why you qualify for The SG :

Qualifying for the Support Group

You may also wish to review our :

ESA Claims Guides

ESA FAQ’s

&

Appeals FAQ’s

You may also find this document helpful :

Disability Rights UK Factsheet - Appeals and reconsiderations

We have heard from members where they have had to give The DWP a "nudge" regarding the SAR and the 40 calender days.

A threat to complain to ICO usually gains the required result :

www.ico.org.uk/complaints

Have you informed The JCP Adviser that you have appealed to gain entry to The SG, if not it may well be worthwhile doing so, see :

Do I have to attend WFIs while I appeal?

WFI's can be carried out over the phone, deferred or even in one's home.

See :

Work Focused Interviews

Work Programme

Changes to ESA Sanctions

Please reply to this topic if you have any further queries.

bro58

Hi,

I see that you have changed your username, so disregard my comment Re: that.

bro58

Thanks for the advice. I will sent any evidence as soon as I get it and contact the ICO if my reminder does not work. I will tell my personal advisor that I am appealing when I attend tomorrow. I am lucky that the Centre is local and accessible.

welshlass wrote: Thanks for the advice. I will sent any evidence as soon as I get it and contact the ICO if my reminder does not work. I will tell my personal advisor that I am appealing when I attend tomorrow. I am lucky that the Centre is local and accessible.

I hope all goes well wl,

Please keep us updated.

bro58

Hi
Just a quick update. The WFI was not too bad an experience. I got very upset having to go over again 28 years of illness and disability but the advisor was very good, made some helpful suggestions, checked on the progress of my appeal and does not want to see me for 6months (by which time I might have had my appeal!). I think compared to many peoples WFI mine was a good one and I would hope that other members will have the same experience in the future.