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TOPIC: Help on Appeal please?

Help on Appeal please? 9 years 3 weeks ago #28228

  • de1
Hi all,

So, i had my Atos medical 3 weeks ago. I have me/cfs.

Today i got my letter from DWP saying i was fit to work. I was awarded 12 points.

Now i have been trying to read the appeal guide on here, however the problem is i did not find this website until after my medical. therefore i did not send any supporting evidence, i just sent back my atos questionnaire on its own.

My gp has been providing sick notes but he himself does not me very well or about my condtion, he can just see all the tests i have had done over 3 years, all the letters from the consultant and the fact i was referred to a consultant for this condition.

Now my original gp who referred me to the consultant only did so because i argued with him as he thought as i was fine to the first set of tests being normal (cfs/me does not show up in any conventional tests for those that don't know) and he is one of the old fashioned gp's who doesn't seem to believe the existance of this condition, so i won't get any help from him, nor do i want to speak to him again.

That is why i changed my gp (although at the same surgery), this first gp was also dismissive of other problems ive had in the past.

On top of that, i saw my consultant last week. he did not ask me how i was, just referred to some recent heart tests that were normal and said 'i dont think we'll need to see you again.' and shook my hand.

i did say to him i'd applied for esa and if the dwp had contact him, he said not but he would support me if the need arised.

So, today i picked up the GL24 from the job centre, but am really not sure what to do about extra evidence or whom to get this from. Shall i send the GL24 back on its own or is it best for me to see the CAB?

I need to get this sorted ASAP as they stopped paying me 4 days ago according to this letter and i obviously need money to support myself, nor do i feel well enough to go onto JSA and start looking for work.

Many many thanks for any pointers or advice.

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Re:Help on Appeal please? 9 years 3 weeks ago #28230

  • millymoo
Hi

Fistly let them know that you want to appeal their decision and you want ESA payments to continue. Secondly get advice asap from CAB/welfare rights. Any medical evidence you can get you can submit these anytime before appeal and the way things seem to be going it could be months!!! I added onto my GL24 that i wanted payments to continue.

Look at all the valuable information on this site, it will guide you through step by step. I only got 9 points at my medical but once CAB got their hands on it and requested a letter from my GP, they overturned their original decision and placed me into the support group a week before my tribunal. Whatever you please do dont give!!!

Good luck and please keep us updated with your progress!!!

Mm :) a smile costs nothing

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Re:Help on Appeal please? 9 years 3 weeks ago #28235

Have a look at the ESA Appeals documment in the members section, it explains how to lodge an appeal and what you need to present in terms of evidence. I would also suggest you have a look at the Work Capability Assessment documents as well as these explain how the scoring is done.

Good luck, it's do-able.

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

Re:Help on Appeal please? 9 years 3 weeks ago #28271

  • de1
Thanks very much to you both.

So shall I send back the GL24 saying i wish to appeal and continue with ESA and then see the CAB, or see the CAB first?

Thanks Stephen, as I said above, I am trying. Problem is the Appeal guide says its intended for people who used this website to apply for ESA and who have sent evidence, I did not find this website until after my Atos medical and I have sent them no evidence thus far.

I can read, but slowly, but memory is poor plus it takes time to sink it due to extensive brain fog and I'm very worried and panicing about now having no money coming in, so i want to know what's the minimum i need to do right now to continue to get ESA until i can get my head round it all.

Thanks everyone

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Re:Help on Appeal please? 9 years 3 weeks ago #28274

  • pete17971
de1 wrote:

Thanks very much to you both.

So shall I send back the GL24 saying i wish to appeal and continue with ESA and then see the CAB, or see the CAB first?

Thanks Stephen, as I said above, I am trying. Problem is the Appeal guide says its intended for people who used this website to apply for ESA and who have sent evidence, I did not find this website until after my Atos medical and I have sent them no evidence thus far.

I can read, but slowly, but memory is poor plus it takes time to sink it due to extensive brain fog and I'm very worried and panicing about now having no money coming in, so i want to know what's the minimum i need to do right now to continue to get ESA until i can get my head round it all.

Thanks everyone



Hi,

Re the GL24, you are 'time limited' in getting the GL24 returned to the DWP. It must be at the DWP within a month of the non award letter. Hence it does depend how soon you can see the CAB. If it is only a week or so then it may pay to wait, but if any longer return the GL24, then see the CAB.

Pete

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Re:Help on Appeal please? 9 years 3 weeks ago #28282

de1 wrote:

Problem is the Appeal guide says its intended for people who used this website to apply for ESA and who have sent evidence, I did not find this website until after my Atos medical and I have sent them no evidence thus far.

Hi de1

Personally I think that if you provided inadequate evidence with your ESA50, it helps on appeal to provide an appeal statement with full details of your condition in relation to the activities.

The CAB should do this for you. Please make sure that you ask to read it before submission to check that it is accurate, as they sometimes submit appeal statements without letting their clients read them.

Best of luck

Derek

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