Ariadne wrote: Hi
Following on from my trials and tribulations with the DWP I have been placed in the support group. This is down to the excellent advice contained on this site.
My hubby however even after his mandatory reconsideration has been kept in the WRAG group. I really can't understand this as he is severely affected by his sensory/motor atonal peripheral neuropathy. They seem to be unable to grasp what this means. The doctor at Atos said he should be better in 6 months or so. I simply cannot get it through to them that the disease is progressive and in fact is progressing. He can do less now than a year ago. He's also suffering severe anxiety and is on meds for his depression. Each time I read the report I wonder who they are talking about
He has said that he wants to appeal however he doesn't want to go to any of the advice agencies. When he is faced with strangers who he has to open up to he gets very tearful and upset so it will be me that helps him with this. I'm going to ask out GP who is fantastic if she can write a report.
How long to I have to lodge his appeal, he only has 2 -3 months of his contribution esa left and won't qualify for income related as I have a small pension.
Is there any advice you can give me on how to proceed with this. He has been discharged by his neurologist as there is nothing that can be done for his illness.
I just need some help on how to do this for him.
Many thanks
Hi A,
I am sorry to hear of your husband's unsuccessful MR !!
You have one month from the date of The MR Notice that you should have received to lodge an appeal directly to The Tribunals Service. (TS)
This should be done using copy of The MR Notice, and Form SSCS 1.
You can read more regarding this from Page 12 of our :
"Employment and Support Allowance mandatory reconsiderations and appeals
40 page guide to mandatory reconsiderations and appeals for ESA, for decisions made on or after 28 October 2013. Updated February 2015."
Directly under :
"ESA appeals" on :
This Page.
You should ensure that your appeal is posted in good time so that it received by The TS no later that the the date of the one month deadline.
If you don't have all your evidence at the time of posting, you can comment that you will forward further evidence on to The TS as soon as you have it.
You can submit further evidence safely to The TS up until around 14 days before the hearing date.
See also :
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
&
MOJ Video of ESA Appeals Process and Tribunal
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