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TOPIC: Help on Appeal please?

Re:Help on Appeal please? 9 years 3 weeks ago #28313

  • de1
Hi thanks again all, I really don't know what i would have done without this forum and this website. I once thought the fee was too much for those of us on benefits but now i realise it's a bargain.

So, I have filled in the GL24 just now. I wrote almost word for word off the appeals guide. I feel a bit better now i have managed to do that.

Now, in terms of submitting extra evidence (which i have not done at all so far) millymoo says i can do this anytime before the appeal. However the b&w guide says

"If you wish to provide further evidence once you have read the submission, new rules introduced in November 2008 oblige you to do so within one month of the date on which the bundle was sent out."

So i guess i have a month and a bit, depending on how long till i get this 'bundle'.

If i don't send this GL24 off now then i will be really strugling money wise as I take it they only reinstate ESA from when they recive the GL24, not from when they stopped payments?

If anyone could clarify the last 2 points i would be very grateful

Thanks

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Re:Help on Appeal please? 9 years 3 weeks ago #28326

de1

Like you I have ME/CFS and didn't find B&W until after I had my medical. I scored 0 points.

Your first priority is to return your GL24 form to request a hearing with a tribunal.

You don't say when you received your initial determination letter, but you have 4 weeks from the date of that letter to lodge an appeal.

If there is time, then I would certainly encourage you to seek assistance from a third party such as the CAB, who will be able to advise you what you should include with your GL24.

I think some of the advice has got ahead of where you are in the process and that is why you are getting confused. The issue of returning evidence within four weeks is linked to the appeal itself and until you return the GL24 it's not relevant.

Steve

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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 #28360

de1 wrote:

"If you wish to provide further evidence once you have read the submission, new rules introduced in November 2008 oblige you to do so within one month of the date on which the bundle was sent out."

So i guess i have a month and a bit, depending on how long till i get this 'bundle'.

It can take two to three months from sending the GL24 form to the appeal bundle being sent out, so you have ample time for sending evidence, although GPs and consultants often take a lot of time to produce reports, so you should start collecting it as soon as possible.

If you want the DWP to consider the evidence before passing the case over to appeal, then you would need to send it in fairly quickly.

Good luck

Derek

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Re:Help on Appeal please? 9 years 3 weeks ago #28397

  • de1
Thanks Steve and Derek.

CAB are closed today, I will get myself down tomorrow. I will take my filled in GL24 and see what they say.

When you ask DWP to continue getting ESA while appealing, they don't backdate it do they? they only pay you from when they get the GL24?

Steve, i got my determination letter last monday the 27th. the letter was dated 24th.

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Re:Help on Appeal please? 9 years 3 weeks ago #28412

de1

As far as I am aware you will be put back onto ESA assessment rate, as you were before, and that this will be from when the GL24 form is received.

I also received a letter from my local authority about a week after the DWP one, requiring me to do lots of things as I had "lost" my case. If you get one, hold off replying until you get an acknowledgement of your appeal and that your benefit has been re-instated. You should then be able to ring them and they should be able to confirm that you can then ignore the letter.

Someone mentioned in an earlier post that the information packet might take 2-3 months to arrive, mine was delivered about two weeks after the appeal was confirmed, however, my earliest tribunal date is mid February 2011!.

I have a seperate thread running with regard to what needs to be sent back and when for the actual tribunal, I will try and update this thread when I have a definitive answer.

Syeve

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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 2 weeks ago #28512

  • de1
Hi Steve, I really appreciate all the info.

GL24 sent off today, CAB this morning, got an appointment with a welfare specialist at CAB when they contact me back.

CAB also told me to ring DWP to tell them i'd sent GL24 today and I wanted the ESA reinstating, however the girl at DWP just said 'Ill put it in the notes' I didn't really realise till after the call that it was probably a wasted call. I obviously put on the GL24 I wanted the esa reinstating.

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