Incapacity to ESA cautionary warning

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.

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.

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

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

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.