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TOPIC: Just joined and looking to appeal

Re:Just joined and looking to appeal 8 years 10 months ago #37118

OK I have a bit more info now as I have the letter back from them, ill try to shorten is Basically says.

You have been on ESA for 10 months, we can see from your recent letter that you have a lot of health issues and we may have misjudged or overlooked them.

Before our decision makers can address your case we need to clarify if you are disagreeing with the decision made or complaining about the medical you attended.

Please complete GL24 enclosed (they did not enclose it!!???) if you wish to appeal against the decision or alternatively , you can write in requesting a reconsideration of the decision to place you in the work activity group, it unclear from your letters what is being requested.


Right, do I fill the form in, will have to get one or download, or do I just write in?

I would obviously like an oral appeal, would I not?

Have you ever seen this after 10 months on esa, not I have given you the full info what do I do please?

Big help needed I do not want to get this wrong, please


Kind regards

Mike

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Re:Just joined and looking to appeal 8 years 10 months ago #37141

Mike

I can see why you are confused, I have to admit so am I.

As we have said in previous posts, you can not normally appeal if it is more than 4 weeks after the original decision. In your case, the decision is at least 10 months old.

It is not the DWP that manage the process, but the Tribunal Service, so even if the DWP are OK with you going ahead, I think it unlikely that the TS would.

I guess the important question is, do you think that you should be in the support Group and do you meet one or more or the requirements to be eligble?

I am sorry if it seems we are pushing you away, but you really need to get face to face advice, as there is no way that you can provide us with sufficient information through this forum, for us to advise you in a responsible manner.

Gordon

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

Re:Just joined and looking to appeal 8 years 10 months ago #37146

Hi Mike

I agree with Gordon, you need face-to-face advise from CAB or similar. It is essential that an advisor can see the letters you wrote and received.

After the one month time limit for appealing has elapsed, you can apply in writing for a decision to be superseded, which means it can be changed but not backdated. I was unaware that the GL/24 form can be used for this, but decision makers can treat a request for a revision as a request for a supersession, and will probably do this.

Please try to get a welfare advisor to handle your case and let us know how you get on.

Best of luck

Derek

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Re:Just joined and looking to appeal 8 years 10 months ago #37156

Ok thank you, what is the difference between the cab and a welfare advisor? how do I find a welfare adv?

Ok I am glad you are confused,

Yes I feel I should have been in the support group, where do I find out what I have to meet? with the download?

Kind regards

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Re:Just joined and looking to appeal 8 years 10 months ago #37165

Mike

The criteria for the Support Group can be found on page 25 of the Understanding ESA document in the Members section. You need to meet one or more of the criteria to be eliglble.

The following site lists some of the groups that may be able to provide you with advice.

www.direct.gov.uk/en/Dl1/Directories/Use...Contacts/DG_10026996

Gordon

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

Re:Just joined and looking to appeal 8 years 10 months ago #37172

Ok I have been looking at the forms, and downloaded.. what I dont understand is if someone is in constant pain, standing, sitting, walking and other and on constant medication for this and mental issues, why they are not in the support group?

is limited capability for work-related activity assessment a test, or just something they look at?

So I understand is if you pass this you are in the support group?

Thank you

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