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Waiting time for ESA Medical report after request?

  • wingedwarrior
  • Topic Author
13 years 3 months ago #40800 by wingedwarrior
Hi all,
juat recieved my decision from the JCA/Atos putting me in the work focused group. I have requested my medical report by phone, which took the best part of half a day. Is this the best way to request this info or should I of wrote off to the DWP? Should I still write off? And what is a reasonable amount of time to wait after putting in a request?
I had asked them about appealing against the decision and the lady on phone said that seen as I was in the work related group all I had to do was send a letter saying why I disagreed with the result. She didnt mention anything about the appeal form or any of the steps envolved in appealing.
If I just send a letter saying why I disagree, along with evidence from docs etc, will I give up my right to appeal later on.
If I am to appeal should I wait until I have the medical report or get in there straight away? I have also asked for the appeal form to be sent to me. Any help is much appreciated. Sorry if post is a bit disjointed, lots of questions all coming out at different times. Many thanks :)

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  • pete17971
13 years 3 months ago - 13 years 3 months ago #40802 by pete17971
wingedwarrior wrote:

Hi all,
juat recieved my decision from the JCA/Atos putting me in the work focused group. I have requested my medical report by phone, which took the best part of half a day. Is this the best way to request this info or should I of wrote off to the DWP? Should I still write off? And what is a reasonable amount of time to wait after putting in a request?
I had asked them about appealing against the decision and the lady on phone said that seen as I was in the work related group all I had to do was send a letter saying why I disagreed with the result. She didnt mention anything about the appeal form or any of the steps envolved in appealing.
If I just send a letter saying why I disagree, along with evidence from docs etc, will I give up my right to appeal later on.
If I am to appeal should I wait until I have the medical report or get in there straight away? I have also asked for the appeal form to be sent to me. Any help is much appreciated. Sorry if post is a bit disjointed, lots of questions all coming out at different times. Many thanks :)



Hi,

The weblink here:

www.dwp.gov.uk/privacy-policy/data-protection/

gives details of how to obtain imformation such as medical reports about yourself. I believe they should be dealt with within forty days or less.

Re writing a letter in, that sounds as if the staff member was telling you to ask for your case to be reconsidered.

Normally we advise claimants to ask for an appeal as a reconsideration is carried out as part of he process.

To appeal ask the DWP for a form GL24 or download one from here:

www.dwp.gov.uk/docs/gl24dwp.pdf

The GL24 must be returned/sent to the DWP within one month of the date of your notification letter.

Pete
Last edit: 13 years 3 months ago by pete17971. Reason: spelling

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  • wingedwarrior
  • Topic Author
13 years 3 months ago #40822 by wingedwarrior
Replied by wingedwarrior on topic Re:Waiting time for ESA Medical report after request?
Hi thanks for reply.
Surely I need my medical report so I can put together an appeal on what I think they have got wrong? If I am waiting 40 days then this is well outside the alloted time for an appeal. If I dont have the info how can I make an appeal?

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More
13 years 3 months ago #40826 by Gordon
wingedwarrior

Making an appeal, consists, in simple terms of three stages;

- Requesting an appeal
- Submitting evidence, and
- Presenting your case.

To request an appeal you need to show reasonable reasons why an appeal should be heard. You say that you believe you should be in the Support Group, why? These are your reasons for appealling.

Have a look at the Understanding ESA document in the Members area, page 25 details the criteria, one or more of which you must meet in order to be eligible for the Support Group.

So as an example;

"I believe I should have been considered for the Spport Group because in both my written evidence (ESA50) and during the medical (WCA) I showed that I cannot walk (with a walking stick or other aid) more than 30 metres without repeatedly stopping, experiencing breathlessness or severe discomfort."

Hope this helps

Gordon

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

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  • RachelPotter
13 years 3 months ago #40827 by RachelPotter
Hi, if you state on the form that you want to appeal, you will receive your ATOS medical report as part of your appeals bundle.

You will then have time to work with it, using the information on this site, to prepare for your appeal.

You can submit evidence towards your appeal within a month, or possibly longer.

It is just important to request the appeal at the moment.

Best wishes,
Rachel

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  • RachelPotter
13 years 3 months ago #40830 by RachelPotter
Hi Gordon, I wrote my response before your post appeared, I hope it is correct!

Many thanks,
Rachel

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