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late appeal part 2

  • darryl
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11 years 8 months ago - 11 years 8 months ago #110486 by darryl
late appeal was created by darryl
I went to see my Personal advisor at the Job Centre a few weeks ago and told her my new health problems, which I was waiting confirmation of when I returned the ESA form, so couldn't reveal it then, (an MRI scan revealed a problem with my jaw which could fatally haemorrhage), and that I had decided not to appeal against decision to keep me in WRAG as didn't think mental health/generally depressive state, would stand up to it. She said she wished she had seen me sooner as she would've advised me to appeal, then said I should contact tribunals and tell them my new health problems, and ask them to consider a late appeal.

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.
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #110490 by Gordon
Replied by Gordon on topic late appeal
Darryl

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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11 years 8 months ago #110496 by slugsta
Replied by slugsta on topic late appeal
It seems that the Job Centre+ advisors, although well-meaning, often have a poor grasp of the Support Group criteria and the appeals process.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • darryl
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11 years 8 months ago - 11 years 8 months ago #110656 by darryl
Replied by darryl on topic late appeal part 2
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.
Last edit: 11 years 8 months ago by Gordon.

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  • darryl
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11 years 8 months ago #110866 by darryl
Replied by darryl on topic late appeal part 2

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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