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A month to appeal?

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12 years 3 months ago #77528 by RedDog
A month to appeal? was created by RedDog
I had my Atos medical on the 9 Nov. for transfer from long term IB to ESA. I have not had any written notification as yet about what group I have been put in. I have chased up the DWP twice and been told I have been put in the WRAG group. I told them I would appeal and I have been sent a copy of my medical report form. I tried to chase it up today and they confirmed that I have been put in the WRAG group and that the " month to appeal " only relates to people appealing about being put into the jobseekers group. Is this right?
Just to add, the health professional has put down that I can walk 70 metres when I can only manage 40. Later on in the report under "observed behaviour" he states that I am unable to walk and that is consistent.! He has also written out a great deal of detail about my clinical examination and how I needed assistance to get on the couch. This is all very fine EXCEPT that I didn't have a clinical examination at all! He also stated my wife was present throughout the assessment BUT she was not! She was actually in Sainsburys around the corner as the examination centre in Balham is on a red route with no parking!!

Sorry for the long post but I'm fuming!!!

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12 years 3 months ago #77534 by Gordon
Replied by Gordon on topic Re:A month to appeal?
RedDog

The one month to lodge an appeal applies to most benfits.

Normally, the period is one month from the date of the letter, notifying of the Decision, but as you have not received one, obviously it is a little more difficult, I can only suggest you lodge an appeal as quickly as possible.

See the following FAQs

Qualifying for the Support Group

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

If you have any questions, please come back to the forum.

Gordon

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

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  • bro58
12 years 3 months ago - 12 years 3 months ago #77535 by bro58
Replied by bro58 on topic Re:A month to appeal?
RedDog wrote:

I had my Atos medical on the 9 Nov. for transfer from long term IB to ESA. I have not had any written notification as yet about what group I have been put in. I have chased up the DWP twice and been told I have been put in the WRAG group. I told them I would appeal and I have been sent a copy of my medical report form. I tried to chase it up today and they confirmed that I have been put in the WRAG group and that the " month to appeal " only relates to people appealing about being put into the jobseekers group. Is this right?
Just to add, the health professional has put down that I can walk 70 metres when I can only manage 40. Later on in the report under "observed behaviour" he states that I am unable to walk and that is consistent.! He has also written out a great deal of detail about my clinical examination and how I needed assistance to get on the couch. This is all very fine EXCEPT that I didn't have a clinical examination at all! He also stated my wife was present throughout the assessment BUT she was not! She was actually in Sainsburys around the corner as the examination centre in Balham is on a red route with no parking!!

Sorry for the long post but I'm fuming!!!


Hi RD,

I'm afraid that you have been misinformed regarding the appeal.

You DO have 1 month to appeal the decision to put you in the WRAG.

See here :

How long do I have to appeal?

And :

How to submit an appeal

See here also :

Is there any risk to challenging a decision?

And :
Employment and Support Allowance appeals New November 2011

From here :


ESA Guides

It may also help if you read all relevant sections in our FAQ's, here :

FAQ’s

You could raise your concerns regarding the discrepancies re : the "medical examination" , in the form of an official complaint, see here :

Complaining to the DWP

bro58
Last edit: 12 years 3 months ago by bro58.

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12 years 3 months ago #77556 by RedDog
Replied by RedDog on topic Re:A month to appeal?
Thank you for your replies! The medical was 6 weeks ago. I haven't had a written notification yet just 2 copies of the medical report form after I chased it up. I therefore haven't a clue who to appeal to or who to complain to as I see, according to the guidance, you have to contact the office dealing with your claim first. I am getting worried that when the medical report forms were sent out that they didn't include all the paperwork. Thus, my month to appeal from the date on the letter is slowly ticking away leaving me unable to respond. I was told on the phone that I have been transferred over to ESA on 16 Dec. but I wouldn't get a notification until my case went " live ". Could this be plausible or am I getting paranoid? :(

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12 years 3 months ago #77557 by Gordon
Replied by Gordon on topic Re:A month to appeal?
RedDog

The Effective Date of Transfer (16/12), tends to be 2-3 weeks after the Decision, which would suggest that this was made around the beginning of the month.

Have a look at our ESA Appeals guide, it explains how to complete a GL24 Appeal form. You do not have to be specific, although it can help if you are, however, the important thing is to lodge your intention to appeal within the timescales.

Gordon

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

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12 years 3 months ago #77594 by RedDog
Replied by RedDog on topic Re:A month to appeal?
Yes, thanks Gordon. I am familiar with how to appeal however I DO NOT know to whom to appeal? Which office would deal with it? When I eventually spoke to somebody on the phone they were in Belfast! I actually live in Carshalton, Surrey!

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