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How to appeal as an appointee
- Hiijinx
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11 years 9 months ago - 11 years 9 months ago #109445 by Hiijinx
How to appeal as an appointee was created by Hiijinx
Hello all,
I am writing on behalf of my partner who has had M.E/CFS for nearly ten years now.
As with many on here, benefits cause her extreme stress to the point of causing her long term relapses so on her last ESA "assessment" - which she was placed in the WRAG, she did not appeal and simply buried her head in the sand. Even mentioning it would visibly upset her and create a very stressful situation.
I believe she should most definitely have been in the support group right from the start - how anyone who cannot even talk about a mildly stressful subject without becoming totally bed bound with excruciating migraines is not entitled to it I will never know. (Well yes I do, its all a number game, what a world we live in..)
It has been well over a month but most certainly under a year.
As her appointee, how do I go about this?
Thank you in advance,
Ricky
I am writing on behalf of my partner who has had M.E/CFS for nearly ten years now.
As with many on here, benefits cause her extreme stress to the point of causing her long term relapses so on her last ESA "assessment" - which she was placed in the WRAG, she did not appeal and simply buried her head in the sand. Even mentioning it would visibly upset her and create a very stressful situation.
I believe she should most definitely have been in the support group right from the start - how anyone who cannot even talk about a mildly stressful subject without becoming totally bed bound with excruciating migraines is not entitled to it I will never know. (Well yes I do, its all a number game, what a world we live in..)
It has been well over a month but most certainly under a year.
As her appointee, how do I go about this?
Thank you in advance,
Ricky
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #109453 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How to appeal as an appointee
RG
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In regard an appeal, providing you are your partners legal appointee, then it should be possible for you to make a Late Appeal against the Decision to put your partner in the WRAG, you will need to provide Good Cause as to why the appeal is late, the DWP are accepting most late appeals for ESA, so hopefully this will not be an issue.
You will need to show that at the time of the original Decision your partner met one or more of the criteria for the Support Group (see below), any deterioration in their condition since that Decision cannot be considered.
If you are unable to show that they originally met criteria, but that they do now, then you can request a re-assessment due to a deteriorated condition, this will involve a new ESA50 being issued and quite possible a face to face assessment. You will need to provide clear evidence of the deterioration and where they meet the SG criteria.
Have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
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 and Tribunal
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
I am afraid my PC crashed just as I was about to submit an answer so the forum is now closed, but if you have any questions on the above, please reply to this post when we are open again in the afternoon or evening.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In regard an appeal, providing you are your partners legal appointee, then it should be possible for you to make a Late Appeal against the Decision to put your partner in the WRAG, you will need to provide Good Cause as to why the appeal is late, the DWP are accepting most late appeals for ESA, so hopefully this will not be an issue.
You will need to show that at the time of the original Decision your partner met one or more of the criteria for the Support Group (see below), any deterioration in their condition since that Decision cannot be considered.
If you are unable to show that they originally met criteria, but that they do now, then you can request a re-assessment due to a deteriorated condition, this will involve a new ESA50 being issued and quite possible a face to face assessment. You will need to provide clear evidence of the deterioration and where they meet the SG criteria.
Have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
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 and Tribunal
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
I am afraid my PC crashed just as I was about to submit an answer so the forum is now closed, but if you have any questions on the above, please reply to this post when we are open again in the afternoon or evening.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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