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11 years 3 weeks ago - 11 years 3 weeks ago #120371 by susandawson
esa was created by susandawson
hi i am helping a friend who is on c.b esa wrag group he was not aware that there were two groups and what the implications mean. so would like to request a late appeal he believes he satisfies at least one support group discriptors he has also had a deterioration in his condition could anyone advise on the best course of action on whether to submit a late appeal or request a review or is it allowed to submit both regards sue 1
Last edit: 11 years 3 weeks ago by Gordon.
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11 years 3 weeks ago - 11 years 3 weeks ago #120374 by Gordon
They can lodge an appeal up to 13 months after the date of the Decision Letter, if it was on or after 28 October then they will need to request a Mandatory Reconsideration first. Have a look at our ESA Appeal guides in the members area.
www.benefitsandwork.co.uk/help-for-claimants/esa
They can also request that their claim is re-assessed as a result of a deteriorated condition, this will result in a new ESA50 and likely a face to face assessment, they will need to provide medical evidence of the deterioration which must have occurred after they were last assessed. They can initiate this by writing to the DWP.
In both cases they should be aware of the following
Is there any risk to challenging a decision?
In addition, requesting a re-assessment (Supersession) will limit any award made by a Tribunal as it will be a newer Decision on their claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa
sue1 wrote: hi i am helping a friend who is on c.b esa wrag group he was not aware that there were two groups and what the implications mean. so would like to request a late appeal he believes he satisfies at least one support group discriptors he has also had a deterioration in his condition could anyone advise on the best course of action on whether to submit a late appeal or request a review or is it allowed to submit both regards sue 1
They can lodge an appeal up to 13 months after the date of the Decision Letter, if it was on or after 28 October then they will need to request a Mandatory Reconsideration first. Have a look at our ESA Appeal guides in the members area.
www.benefitsandwork.co.uk/help-for-claimants/esa
They can also request that their claim is re-assessed as a result of a deteriorated condition, this will result in a new ESA50 and likely a face to face assessment, they will need to provide medical evidence of the deterioration which must have occurred after they were last assessed. They can initiate this by writing to the DWP.
In both cases they should be aware of the following
Is there any risk to challenging a decision?
In addition, requesting a re-assessment (Supersession) will limit any award made by a Tribunal as it will be a newer Decision on their claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 weeks ago by Gordon.
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11 years 3 weeks ago #120441 by susandawson
Replied by susandawson on topic esa
thanks gordon
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