- Posts: 51284
× Members
esa appeal
- supernan
- Topic Author
9 years 10 months ago #136319 by supernan
esa appeal was created by supernan
I have just received my mandatory reconsideration notice and i have been denied again due to Section13?? i want to appeal but dont know what to do
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
9 years 10 months ago #136340 by Gordon
I've not heard of "section 13" before, can you elaborate on what the letter says?
The letter should have included a Mandatory Reconsideration Notice, you will need this to make an appeal.
Have a look at our ESA Appeal guide, it has details of the appeal process, a link to the form that you will need to complete and an explanation of how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
You might also want to have a look at the following
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
If we can help further then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa appeal
supernan wrote: I have just received my mandatory reconsideration notice and i have been denied again due to Section13?? i want to appeal but dont know what to do
I've not heard of "section 13" before, can you elaborate on what the letter says?
The letter should have included a Mandatory Reconsideration Notice, you will need this to make an appeal.
Have a look at our ESA Appeal guide, it has details of the appeal process, a link to the form that you will need to complete and an explanation of how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
You might also want to have a look at the following
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
If we can help further then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- supernan
- Topic Author
9 years 10 months ago #136424 by supernan
Replied by supernan on topic esa appeal
oh sorry its section 3 not 13
it says ' i am unable to revise the decision placing you in the WRAG because you do not meet any of the criteria for the SG schedule 3.'
further down it says ' it is accepted that you are not fit for work at present. The issue is whether you can do work related activity.
the health care professional has taken into account the effects of your condition and whether it is likely to vary during the week. the decision makers choice of descriptor reflects what you are capable of doing for most of the time. in other words you can caryy out the stated activity when called to do so'
i do not understand any of this and i have received the documents i asked for from the medical and i do not agree with what she has stated on it. some things are not what i said. i dont know what to do. where will i find schedule 3 of the ESA regulations
it says ' i am unable to revise the decision placing you in the WRAG because you do not meet any of the criteria for the SG schedule 3.'
further down it says ' it is accepted that you are not fit for work at present. The issue is whether you can do work related activity.
the health care professional has taken into account the effects of your condition and whether it is likely to vary during the week. the decision makers choice of descriptor reflects what you are capable of doing for most of the time. in other words you can caryy out the stated activity when called to do so'
i do not understand any of this and i have received the documents i asked for from the medical and i do not agree with what she has stated on it. some things are not what i said. i dont know what to do. where will i find schedule 3 of the ESA regulations
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
9 years 10 months ago #136429 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa appeal
supernan
Schedule 3 lists the Descriptors for the Support Group, the letter is saying that the Decision Maker does not believe that you meet any of these.
If you have a look at our ESA Claim guides the SG Descriptors are described in detail. You must meet one or more of these to be placed in the Support Group, if you cannot show that this is the case, then you should consider whether it is worth you while pursuing the matter further.
The guides are on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
Have a look at them and if you have further questions, come back to the forum.
Gordon
Schedule 3 lists the Descriptors for the Support Group, the letter is saying that the Decision Maker does not believe that you meet any of these.
If you have a look at our ESA Claim guides the SG Descriptors are described in detail. You must meet one or more of these to be placed in the Support Group, if you cannot show that this is the case, then you should consider whether it is worth you while pursuing the matter further.
The guides are on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
Have a look at them and if you have further questions, come back to the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David