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ESA appeal question - sitting issue...

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11 years 9 months ago #109206 by Gordon
Replied by Gordon on topic ESA appeal question - sitting issue...
CP

1. As you have posted plus they should indicate their relationship to you and how often they see you on their letter.

2. The ESA Regulations were changed in January to separate physical and mental health problems, however, there is no clear guidance as to how the separation is to be achieved, where there is a clear case of a physical problem causing mental health issues or vice versa, then you are unlikely to score points, however, most chronic conditions have complicated symptoms and it can be difficult to define whether the cause of a particular problem is physical or mental, all you can do is argue your case and see what the Tribunal says about it. As this is a relatively recent change their is no Case Law in this area to clarify the situation.

There are three examples of the DWP view on this in the following, see section 18

www.dwp.gov.uk/docs/m-1-13.pdf

3. What you have posted seems relevant, offering a real world example as you have with your shelf stacking will undoubtedly help.

Gordon

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11 years 9 months ago #109220 by Billy
Replied by Billy on topic ESA appeal question - sitting issue...
Hi CP
Have you sent your GL24 in a seperate letter from your data controller letter
If you have sent it just on a letter within the GL24 there is a very big possibility the DM will not forward the letter

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11 years 9 months ago - 11 years 9 months ago #109221 by CP
Hi Bud
Yes I sent them in the same envelope, as the CAB said they both needed to go to the same local job centre address on the top of the start of my rejection letter (they seemed to think this local office would be dealing with my appeal)?
I was rather confused, as the second half of the letter I received (labelled ESA 65 on the bottom), which had the DM's reasons for the decision, had an address on top from a Jobcentre in a different part of the country entirely?
Should I have sent my GL24 to the 2nd address instead? (Both parts of the letter tell you to to contact the address at the top of the letter!!)
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #109222 by CP
Sorry Bud
Think I just misunderstood what you said...
Yes, it is a separate letter, on a separate piece of paper, just in one envelope...

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11 years 9 months ago #109223 by Gordon
Replied by Gordon on topic ESA appeal question - sitting issue...

CP wrote: Hi Bud
Yes I sent them in the same envelope, as the CAB said they both needed to go to the same local job centre address on the top of the start of my rejection letter (they seemed to think this local office would be dealing with my appeal)?
I was rather confused, as the second half of the letter I received (labelled ESA 65 on the bottom), which had the DM's reasons for the decision, had an address on top from a Jobcentre in a different part of the country entirely?
Should I have sent my GL24 to the 2nd address instead? (Both parts of the letter tell you to to contact the address at the top of the letter!!)


I would not worry, if it is the wrong office they will forward it on to the correct one it should only delay things by a week, as to the contents, they will be processed before being passed on so they should be separated and sent to the right departments.

Gordon

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11 years 9 months ago - 11 years 9 months ago #109233 by Billy
Replied by Billy on topic ESA appeal question - sitting issue...
Hi Gordon
I totally agree with you that it should be seperated and sent to the right department,
but its the DWP we are dealing with here

I raised concerns in an earlier post about this because I did exactly what CP is doing, sent seperate letter, sent on a seperate piece of paper and within the same letter as the GL24 and it was not forwarded to the data controller that is why I stated there is a big possibility that it wont be forwarded
I do hope you agree with me that CP should send another independant letter to the Data controller just to be on the safe side
Last edit: 11 years 9 months ago by .
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