- Posts: 51284
late appeal part 2
- darryl
- Topic Author
She also said she would not be sending for me again, would be leaving me alone, so not to worry about being hassled by Job Centre. I did as she advised, mentioning her comments in my letter to them, and they have accepted my request for a late appeal. Just waiting now for them to contact me again regarding this. Given the circumstances, do I still need to gather evidence etc. from consultants, my GP, etc. etc. I assume my case will be treated in the same way as anyone else who is going to an appeal, but not sure. please advise, any help appreciated. thank you.
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- Gordon
- Offline
You cannot appeal on the basis of a deteriorated condition, only on the basis that you believe you met the Support Group criteria when you were assessed and were placed in the wrong group.
If you now believe that you meet the Support Group criteria then you can request a Supersession (re-assessment) of you claim. You need to show that there has been a deterioration, that it occurred since your previous assessment, and that you should now qualify for the SG.
You should expect to receive a new ESA50 and likely a face to face assessment, which will be carried out under the January 2013 rules.
Please have a look at our ESA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following
Is there any risk to challenging a decision?
Qualifying for the Support Group
If you have any questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- slugsta
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- Posts: 9439
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- darryl
- Topic Author
I know theres a risk to challenging a decision but they've already told me they are stopping my ESA next March, and I know I wont qualify for any benefits after that, as I wont meet the means tested criteria, so I guess Ive not got anything to lose (apart from the distress I expect it must cause), by going ahead with whatever course of action is needed.
They put me in the WRAG originally as I scored enough points due to my asthma and depression I think. I have also been in touch with CAB, who said the criteria for the SG is quite specific/restrictive, but I am hoping to get some more advice from them, too. Thank u.
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- darryl
- Topic Author
darryl wrote: thanks for your advice. As a result of reading it, I now guess what applies to me is I might meet SG criteria and need to request a Supersession (re assessment) of my claim. I did not tell them on the form about the jaw problem as I didn't know I had it then, so in effect there was no deterioration, as it didn't exist to all intents and purposes, so wasn't a problem.
I know theres a risk to challenging a decision but they've already told me they are stopping my ESA next March, and I know I wont qualify for any benefits after that, as I wont meet the means tested criteria, so I guess Ive not got anything to lose (apart from the distress I expect it must cause), by going ahead with whatever course of action is needed.
They put me in the WRAG originally as I scored enough points due to my asthma and depression I think. I have also been in touch with CAB, who said the criteria for the SG is quite specific/restrictive, but I am hoping to get some more advice from them, too. Thank u.
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