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TOPIC: ESA Appeal

ESA Appeal 1 week 4 days ago #236971

Hi Gordon,
After submitting my ESA MR a month late, well a month over the initial 30 day dead line ,but I did ring them to let them know that intended submitting it and it was 91 pages long. I thought that I'd crossed the t's and dotted the i's and it should be all good. It took them just over 10 days to write back to me to say that they had changed the original decision of 0 points and being found fit for work to 0 points and have limited capability for work ,but do not have limited capability for work related activity.So have been put in the WRA Group,although at this point in time I have not been called to attend a meeting with a personal advisor yet. I obviously do not agree with this ,but it took me 2 months to deal with the MR. Is there any flexability on the appeal time frame as the MR decision arrived whilst I was away on Holiday so have missed out on part of the 30 days,although I know that there is nobody to blame but myself on that count. I also know that there is no way that I would attend a hearing in person so would rely solely on written submission. The date on my MR is 15th August so I don't have much time to submit an appeal.
CAP

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ESA Appeal 1 week 4 days ago #236992

CAP

The normal time for submitting an appeal is one month from the date of the MR Decision but you can submit a Late appeal up to 13 months after providing you can show Good Cause for the late request.

The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request to be accepted.

Or, you can submit your appeal request online

www.gov.uk/appeal-benefit-decision/submit-appeal

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guides to see how you might show this is the case.

The ESA Claim guide due to Mental Health problems has a detailed explanation of the requirements you will need to meet to be placed in the SG due to the Substantial Risk Regulations.

Gordon

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

ESA Appeal 1 week 4 days ago #236999

Gordon,
Would I still need to inform the DWP of my intentions of submitting an appeal being as it will undoubtedly be beyond the 30 days or just submit it whenever I manage to fill in the relevant paperwork giving my reasons why it is submitted late?
I do believe that I should have scored quite a few points, however being as on the MR I've now been put into the WRAG and still with no points.Should I just focus on why I feel that I should have limited capability for work related activity making reference to numerous documents that I submitted with my MR and try to determine which of the schedule 3 descriptors apply to me, although obviously to start with I need to find out what these descriptors actually are?
CAP

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ESA Appeal 1 week 4 days ago #237002

CAP

You do not need to inform the DWP of your intentions to request an appeal but telling your JC+ advisor may help you avoid some of the Work Related Activity that they might be planning for you.

The SG is not points based although some but not all, of the 15 Descriptors correspond to SG ones, so just scoring points will not help. There is a list of the SG Descriptors in the ESA Claim guides and the SG criteria is also explained for each activity, where applicable.

Gordon

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ESA Appeal 1 week 10 hours ago #237159

Gordon,
Would there be any point in me stating where I think that I should have scored points being as I scored none or just stick with focusing on the substantial risk regulations to try to get into the support group? I've read through the SSCS1 form and it doesn't seem too bad to fill in.Should I just keep it brief at this stage and elaborate on it further at a later date?
CAP

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ESA Appeal 1 week 10 hours ago #237160

CAP

You are already in the WRAG so there is no value in you arguing for points the only thing that matters is your showing that you meet the criteria for the for SG this doesn't have to be just for Substantial Risk, if you think that you meet one or more of the SG Descriptors then you should argue this as well.

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