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esa 7 years 6 months ago #108869

maz wrote: Hi Gordon thank you for your help so far My Doctor has written a letter for me I thought he said he would send it off for me,but again I didn't get it right and it has been waiting for me at the surgery for 2 weeks I rang to see if he had sent it off and they told me it was waiting for me to collect,anyway He has mentioned some of my conditions but not all but the one he has mentioned is the bladder which is a descriptor he has said that I am struggling on a daily basis with this, which is very true . I just hope that this isn't too late to add to my appeal rang the benefit agency told them the letter was on its way,and they said the appeal had been marked invalid because it was a late appeal but that it will be looked at by another group but they must be waiting for the additional information to arrive.Can I have your views on this please.


The good news is that it sounds like your GP's letter will be in time to be considered by the DWP.

You will have to see what happens with the Appeal being late, the DWP have been quite lax in regard to ESA appeals.

Gordon

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

esa 7 years 6 months ago #108870

  • maz
thanks,I hope they will allow the late appeal I thought you could appeal upto 13 mths

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esa 7 years 6 months ago #108872

maz wrote: thanks,I hope they will allow the late appeal I thought you could appeal upto 13 mths


Yes m,

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

Your appeal will then be looked at, and it will be decided whether there is "good cause" for the late appeal.

As Gordon has said they have been quite lenient with late appeals for adverse ESA decisions, so hopefully it will be allowed.

bro58

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esa 7 years 6 months ago #108874

Hi m,

See this extract on page 10 of the GL24 Form :

"What happens if my appeal is late?

If you weren’t able to appeal within one month, you should explain the reasons why when you do appeal.

If you appeal between one month and 13 months of the date on the decision letter, an Appeals Officer from the Department for Work and Pensions will first consider whether your appeal has been made in time, that is, treated as if it was made within the one month of the date of the decision you are appealing against.

If the Appeals Officer objects, (they may do so if they think you do not have good reasons for appealing outside the one month period) they will refer the case to Her Majesty’s Courts and Tribunal Service (HMCTS). The Tribunal will decide if your appeal can be accepted as being “in time” or if it is too late to be heard.

If the Tribunal accept your appeal it will be processed by the DWP for hearing by HMCTS.

In all circumstances, the final time limit for making an appeal is 13 months after the date on the decision letter."


Which is downloadable from this link :

GL 24 Appeals Form

bro58

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esa 7 years 6 months ago #108875

  • maz
thank you bro I did say at the beginning of the appeal that I don't retain information well and at that time when they gave the decision I was tired and ill information can reappear mths down the line in my brain other times I can remember things well think it was due to 3 T I As Ive had. But here's hoping this is enough to get in SG .

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esa 7 years 6 months ago #108876

Hopefully so m,

A lot of claimants have been allowed a late appeal due to the complexities of ESA, and the fact that they have not fully understood the criteria to qualify for either group, and the possible implication of this.

bro58

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