Appealling

I recently submitted my ESA paperwork (I have been in the work group for approx 3 yrs) and my condition has worsened and I put all this in the forms and using the brilliant guides on here, I thought I should be in the Support group?

I submitted the paperwork in July and heard nothing, so rang them today. They said they never send letters out, detailing findings, if there is no change and that I need to send in any new evidence (which I can get from my neurologist, as I have just been diagnosed with a neurological disease on top of everything else).

So what do I need to ask for, to see how they come to these findings and how do I appeal?

Many thanks in advance

Andy

Andy wrote: I recently submitted my ESA paperwork (I have been in the work group for approx 3 yrs) and my condition has worsened and I put all this in the forms and using the brilliant guides on here, I thought I should be in the Support group?

I submitted the paperwork in July and heard nothing, so rang them today. They said they never send letters out, detailing findings, if there is no change and that I need to send in any new evidence (which I can get from my neurologist, as I have just been diagnosed with a neurological disease on top of everything else).

So what do I need to ask for, to see how they come to these findings and how do I appeal?

Many thanks in advance

Andy

Hi A,

Can you clarify a few things ?

1. Have you recently filled in and returned an ESA50 in July, with information of a change/deterioration in your condition.

2. Was this ESA50 sent out to you as part of the normal reassessment process, or did you instigate it by requesting a review/supersession due to a change/deterioration in your condition ?

3.Were you previously in the WRAG and expected to be placed into The SG due to said change/deterioration in your condition ?

4. Who did you ring ? and have you been informed in writing that you are to remain in the WRAG with respect to 1. or 2. above ?

bro58

Hi Bro

1. The form was part of my normal reassessment, but contained within that was the neurological problems that I have been suffering for approx 15 mths with and I detailled this, and the different neurologists names etc that I am under. Although I detailed everything, I had not been given a diagnosis, as this can take a long time (but it doesn't take my problems away), but I have now had a label stuck on me

2. Normal reassessment.

3. I was in the WRAG and yes, I did expect to be put in the SG.

4. I rang the number on my ESA letters and I have received nothing in writing to tell me the outcome of the assessment of my forms. I was told they do not do that now, unless there is a change? I would need to be psychic then to know the outcome, if i wanted to appeal???

Many thanks

Andy wrote: Hi Bro

1. The form was part of my normal reassessment, but contained within that was the neurological problems that I have been suffering for approx 15 mths with and I detailled this, and the different neurologists names etc that I am under. Although I detailed everything, I had not been given a diagnosis, as this can take a long time (but it doesn't take my problems away), but I have now had a label stuck on me

2. Normal reassessment.

3. I was in the WRAG and yes, I did expect to be put in the SG.

4. I rang the number on my ESA letters and I have received nothing in writing to tell me the outcome of the assessment of my forms. I was told they do not do that now, unless there is a change? I would need to be psychic then to know the outcome, if i wanted to appeal???

Many thanks

Hi A, Thanks for that !!

There will have been an ESA85A Medical Report generated when the recent reassessment was carried out.

There may also be an LT54 Form compiled by the DWP DM.

As the DWP stated on the phone, they do not provide information on why you have been reassessed as remaining in The WRAG, as a matter of course, you will have to request it.

You can request the two forms above, and in addition request all documentation used in coming to this recent WRAG decision.

See :

ESA medical – what forms to ask for?

&

ESA Forms

You can request the above by formal letter, or you can use a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

It should be addressed, FAO The Data Controller, at the Benefits Office dealing with your ESA. Write DPA 1998 SAR in front, top, left corner.

Sending Documents to the DWP or ATOS

This should be done as a separate issue to your appeal, if that is what you intend to do.

You only have one month from the date of the decision notice letter to appeal, and should not miss this deadline if the documentation requested in the SAR has not arrived. You can always refer to that, when you receive it.

You can appeal using GL24 Form, which can be downloaded and printed off (you only need to print off the actual form and not all the preceding advisory notes) from the link on this page :

How to submit an appeal

Sse also :

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?

Also from our : Appeals FAQ’s

You will also find an ESA Appeals Guide on this page : ESA Claims Guides

See : Qualifying for the Support Group , from our : ESA FAQ’s

See also :

Disability Rights UK Factsheet - Appeals and reconsiderations

&

MOJ Video of ESA Appeals Process and Tribunal

Once you appeal you will receive an automatic reconsideration by a different DWP DM, you should provide any fresh evidence that you may have ASAP, if you wish it to be considered at this stage.

The important issue is to show how and why you qualify under at least one of The SG descriptors, and any fresh evidence must be tied to the time of the recent WRAG decision :

Qualifying for the Support Group

You may wish to seek professional advice, potential sources can be seen here :

Where to get advice?

You can Favourite/Bookmark this page in your internet browser, for future ease of access.

bro58

This is not the first time I have heard of claimants being told that DWP do not send out decision letters if they remain in the same ESA group. Nontheless, the claimant is entitled to the decision in writing - otherwise, as you say, how can they appeal that decision?!

Mrs Hurtyback wrote: This is not the first time I have heard of claimants being told that DWP do not send out decision letters if they remain in the same ESA group. Nontheless, the claimant is entitled to the decision in writing - otherwise, as you say, how can they appeal that decision?!

Thanks MHB, I missed that !!

Yes A, you are entitled to a Written Decision Notice, by law.

The decision notice will not contain the reasons why you were again placed into the WRAG, but it does inform you of the decision with a breakdown of your money.

A decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

As you can see, it is important that you receive a decision notice, as the date of the letter starts the countdown of the month allowed to appeal, and also informs you of your legal rights of appeal.

bro58