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to appeal or not ?

  • maggiemoon
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #108338 by maggiemoon
to appeal or not ? was created by maggiemoon
My husband who is 63 next year and has been on incapacity benefit for over 20yrs due to various illnesses, severe IBS, arthritis, heart conditions on Wafarin and beta blockers for life having weekly INR tests, failed his medical in January and his ESA was disallowed with 6 points, , we asked for either a reconsideration or appeal they reconsidered in March and his esa was awarded, he has had to wait until now to find out what group they have placed him in after me sending SAR on the advise of you wonderful mods on here, had to wait 60days tho, the group they have put him in is WRAG, for 12 mths, 6 mths have gone already as he has been on appeal rate esa, Can he appeal a reconsideration ? he is in severe pain due to his back and neck arthritic conditions and they awarded him 9pts for the sitting/standing and no points for the mobilising on which he really should have been in the support group for this descriptor alone, they must think that he will be fit to work in the next 6 mths and then with his conditions find a job for 2 years before he will be eligible for state pension, madness or what !!! Is it worth appealing for the sake of 2 yrs I know he will not have IR ESA as he has a modest pension from his last employment, It is hard enough for well people to get a job so how do they think that a sick 63 yr old man will get a job with no skills
Thanks for reading... M.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108346 by Gordon
Replied by Gordon on topic to appeal or not ?
maggiemoon

Yes, you can appeal the WRAG Decision, you should cite the problems you have had finding out what group your husband is in as reason for the appeal being late.

Have a look at our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Is there any risk to challenging a decision?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have any questions on the above, please reply to this post.

Gordon

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

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  • maggiemoon
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #108352 by maggiemoon
Replied by maggiemoon on topic to appeal or not ?
Thanks Gordon,I will pick up GL24 from the jobcentre on Thursday, didn't know if we could appeal as it was a reconsideration from a fit to work decision to WRAG, I feel that he has nothing to lose as his appeal probably won't be heard until next year as things are going, and his 365 days will be up in February, at the moment it is me having to make all the decisions as he has gone into a "whatever" mood and will not even consider trying to find a job as he is in so much pain,
Last edit: 11 years 10 months ago by bro58.

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  • bro58
11 years 10 months ago #108355 by bro58
Replied by bro58 on topic to appeal or not ?

maggiemoon wrote: Thanks Gordon,I will pick up GL24 from the jobcentre on Thursday, didn't know if we could appeal as it was a reconsideration from a fit to work decision to WRAG, I feel that he has nothing to lose as his appeal probably won't be heard until next year as things are going, and his 365 days will be up in February, at the moment it is me having to make all the decisions as he has gone into a "whatever" mood and will not even consider trying to find a job as he is in so much pain,


Hi mm,

You can download and print off a GL24 Appeals Form from one of the links that Gordon has provided, this one :

How to submit an appeal

To save paper, you only have to print off the form itself which starts from around page 20.

bro58

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  • maggiemoon
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #108356 by maggiemoon
Replied by maggiemoon on topic to appeal or not ?
Thanks Bro, will download it, and get it sent, also he is worried that if they make him look for work he will lose his personnal pension, that it will be frozen for the 2 yrs until his state pension,
Last edit: 11 years 10 months ago by bro58.

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  • bro58
11 years 10 months ago - 11 years 10 months ago #108358 by bro58
Replied by bro58 on topic to appeal or not ?

maggiemoon wrote: Thanks Bro, will download it, and get it sent, also he is worried that if they make him look for work he will lose his personnal pension, that it will be frozen for the 2 yrs until his state pension,


Hi mm,

If he is in the WRAG, they can not compel him to actively seek or take up employment.

They can compel him to take part in WFI's and WRA, but if he is to appeal to gain access to The SG, once they are made aware of this, they should not forward him to a Works Programme Provider :

Work Focused Interviews

The Work Programme

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

bro58
Last edit: 11 years 10 months ago by bro58.

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