× Members

Incapacity to ESA cautionary warning

  • Pat
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #107477 by Pat
Hi,
I was hoping to post that I had been successful in transfer from incapacity benefit to ESA support group. I received a phone call from DWP last week saying I didn't need a medical and that I was migrated across to ESA. I was told the only change was that the benefit would be paid every two weeks and I would receive a letter to confirm this.

I wrongly assumed that I would be in the Support group, was not told which group on phone call but as told no change except payment frequency as was ok.

Today I received the letter and I am actually in the Work Acitivity group, so will have to go to job centre for interviews, possible assessment by health professional etc.

I am devastated to say the least, PLEASE,PLEASE don't do as I have done and assume all ok from call, wait til letter arrives. I will be appealing and will see where that leads.
Last edit: 11 years 10 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
11 years 10 months ago #107481 by Gordon
Replied by Gordon on topic Incapacity to ESA cautionary warning
Pat

If you have any questions on the appeal process, please post to the forum.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Pat

Please Log in or Create an account to join the conversation.

More
11 years 10 months ago #107485 by slugsta
Replied by slugsta on topic Incapacity to ESA cautionary warning
Hi Pat,

It might not seem so at the moment, but this is actually good news! DWP have agreed that you are not well enough to work, which is why you have been granted ESA. It is often possible to have the WFIs carried out over the phone or even, rarely, in the claimant's own home. However, this is entirely at the discretion of the JobCentre advisor. You should phone and speak to the advisor when your appointment arrives.

Good luck with your appeal! Please let us know how it goes- and come back to this topic/thread if you have further questions.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Pat

Please Log in or Create an account to join the conversation.

  • Pat
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #107643 by Pat
Replied by Pat on topic Incapacity to ESA cautionary warning
Hi , I have received the appeal form for ESA, as placed in WRAG and don't agree with this, but a bit confused now....

Do I write and ask for decision to be looked at again?

OR

Do I go straight to appeal? I don't know how they came to decision to place in WRAG and DWP advice line were hopeless, as in I was told we are only an advice line to point you in right direction but this advisor then said I don't know about how the benefits work!!!!! Was told I have to appeal to get information on why decision made...

I am not sure which way to go now...any help gratefully received, thanks
Last edit: 11 years 10 months ago by .

Please Log in or Create an account to join the conversation.

11 years 10 months ago - 11 years 10 months ago #107651 by

Pat wrote: Hi , I have received the appeal form for ESA, as placed in WRAG and don't agree with this, but a bit confused now....

Do I write and ask for decision to be looked at again?

OR

Do I go straight to appeal? I don't know how they came to decision to place in WRAG and DWP advice line were hopeless, as in I was told we are only an advice line to point you in right direction but this advisor then said I don't know about how the benefits work!!!!! Was told I have to appeal to get information on why decision made...

I am not sure which way to go now...any help gratefully received, thanks


Hi P,

We advise that you appeal in the first instance, rather than requesting a reconsideration then appealing.

Once you submit an appeal using the GL24 form, you will then receive an automatic reconsideration anyway.

You can download a GL24 from the link on page. (you only have to print off from around page 20 onwards) :

How to submit an appeal

You should keep a copy of the GL24 and any other documents that you send. :

Sending Documents to the DWP or ATOS

See also:

How long do I have to appeal?

Is there any risk to challenging a decision?

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

From our :

Appeals FAQ’s

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

See also :

Qualifying for the Support Group

From our :

ESA FAQ’s

You may also wish to request a copy of The ESA85/ESA85A Medical Report, depending whether you had a face to face or not. There should also be an LT54.

This can be done over the phone, but if you have any trouble obtaining them, you can issue a SAR.

ESA medical – what forms to ask for?

ESA Forms

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

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

You should address any SAR, FAO The Data Controller, at the address of the Benefits Office/Centre dealing with your ESA.

Write DPA 1998 SAR on the front, top, left corner of the envelope.

Do not miss your one month deadline to appeal if these documents have not arrived, you can always refer to them at a later date.

You may also find this document helpful :

Disability Rights UK Factsheet - Appeals and reconsiderations

And this video ;

MOJ Video of ESA Appeals Process and Tribunal

bro58
Last edit: 11 years 10 months ago by .

Please Log in or Create an account to join the conversation.

  • Pat
  • Topic Author
11 years 10 months ago #107658 by Pat
Replied by Pat on topic Incapacity to ESA cautionary warning
Hi, thank you for replies, think I was having a senior or heatwave moment and have now just accessed the appeal document and will be appealing.

Thank you and sorry for causing more work, not used to using this forum and thought I needed to post new question in new post.

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.