advice needed

AA wrote: Hi
I was just wondering if anyone could give me some advice. I was originally put on CESA November 2011 in the WRAG group for 12 mths, and this ended in November 2013. At the time I was hoping to return to work, but after months and months for appointments and test I know now that I wont be returning to work. I have already received my new review questionaire and completed and returned it, but as I expected I have been informed that I have had my 12mths entitlement. I am not entitled to IESA as my partner works more that 24 hours. My question is although I know I have passed the time line for an appeal to be put in the support group, I was just wondering if I can apply again or how do I or what do I do so I can be considered for the support group. I do receive DLA Higher mobilty and middle care. If there is a relevant form I can complete etc please provide a link to it. Thanks

Basically you have two options.

Whilst the original Decision (11/11?) is no longer appealable, if you have had another assessment, a new Decision has been made and is appealable.

Alternatively, you can attempt to make a new claim for ESA(CB), however, your success will be entirely dependant on whether you have any NI Contributions in the necessary tax years 2010-11 and 2011-12? Even if you do it may still not be possible to make a successful claim, but it none the less worth checking.

If you wish to appeal, and this can be done in parallel to any re-claim, then you need to have a look at the following

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process

Any appeal will be based on the Descriptors and Regulations under which you were originally assess, so when referring to the ESA Claim guides, please make sure you have the correct versions.

If you have any questions on the above, please reply to this post.

Gordon

ANGELA ASPDEN wrote: Sorry I forgot to mention but I have not had another medical it was all based on my review
Form that I returned. I think I will just give up.

Just to confirm, this new Decision is appealable.

Gordon