ESA appeal query

[likelylibra2006]

I'm writing a letter of appeal re my ESA decision.

 

I've been advised that I don't need to give grounds of appeal in my letter of appeal only that I wish the Tribunal Service to look at the decision...is this correct??

[likelylibra2006]

I'm writing a letter of appeal re my ESA decision.

 

I've been advised all I need to put in the letter of appeal is that I am appealing against the DWP's decision without listing any specific grounds...is this correct???

[honeybee13]

Hello and thank you for joining the forum.

 

Most people appeal using the GL24 form that should have come with your decision letter, although you can write your own letter. I would base the letter on the information requested in the form, if you feel it fits.

 

I have a 'sticky' at the top of the forum about appeals and tribunals, can't remember the new title.

 

Here's a link.

 

Appealing or going to a Tribunal? Some useful information

 

Please post if you have other questions.

 

HB

[honeybee13]

Libra, I've just answered your duplicate post on happyhamr's thread. I see you're a newbie and just wanted to say that CAG don't like duplicate threads and you my find yourself edited by the site team. I'm not one of them, just a humble cagger trying to explain.

 

If you need more information having read my sticky, I suggest you start your own thread on here.

 

HB

[likelylibra2006]

Thanks honeybee13.

 

PS sorry about the duplicate post elsewhere....didn't think this one had worked!

[honeybee13]

No need to apologise, I got loads wrong when I joined .

 

If you want to start your own thread, click on the red triangle at the bottom of your initial post and ask the site team to start one for you. Give them a title if you can think of one, otherwise they'll dream one up for you.

 

HB

[Two4Tuesday]

My advice to you, likelylibra2006 is that if you have enough time and you are sure that you should have got at least 15 points from the descriptors, try to get some evidence from your doctor to support your appeal and send it with your appeal letter. Make sure that you are specific about the reason that you disagree with the decision.

 

If you are not specific, and if you do not include evidence from your GP or hospital consultant (even a supporting letter from them) then in all likelihood the DWP will not revise their decision but send it on to the appeals Tribunal which could drag on for months.

 

Bear in mind though that there is a time limit of 1 month from the decision letter for you to send in your appeal. If you are running out of time, then send in your letter straight away and get the supporting evidence later.

[ANDYANDFLO]

My advice to you, likelylibra2006 is that if you have enough time and you are sure that you should have got at least 15 points from the descriptors, try to get some evidence from your doctor to support your appeal and send it with your appeal letter. Make sure that you are specific about the reason that you disagree with the decision.

 

If you are not specific, and if you do not include evidence from your GP or hospital consultant (even a supporting letter from them) then in all likelihood the DWP will not revise their decision but send it on to the appeals Tribunal which could drag on for months.

 

Bear in mind though that there is a time limit of 1 month from the decision letter for you to send in your appeal. If you are running out of time, then send in your letter straight away and get the supporting evidence later.

 

Hi, just a word of warning, in my case and others that I know about, they give you little if no time to submit any further evidence for it to be re-considered before it goes off to the Tribunal.

 

In my case the date of the decision was 10th Februry 2010, the date I received the notification that I had failed was 24th February 2010. The appeal was lodged on the 10th March 2010, and the reconsideration took place on the 16th March 2010. I was then told that any further evidence that was sent in would be considered by the Tribunal not the DWP!

So it seems that if the evidence isn't enclosed with the appeal, it could be another 9 months before it is sorted out.

Edited July 15, 2010 by ANDYANDFLO

[ErikaPNP]

I'm writing a letter of appeal re my ESA decision.

 

I've been advised all I need to put in the letter of appeal is that I am appealing against the DWP's decision without listing any specific grounds...is this correct???

 

You have been misadvised. An Appeal has to be "duly made" otherwise the Tribunals Service do not have to accept it. For a claim to be "duly made" there is certain information that you have to provide. One of these is that you have to give the reason why you disagree with the decision. If you don't give a reason the DWP will write to request grounds be provided within 14 days. If you still don't provide grounds they will then contact the Tribunals Service to advise that the appeal is not duly made as no grounds have been given. The tribunal service will then decide if the appeal can go ahead. In cases where no grounds are provided, the Tribunals Service will not accept the appeal.

 

Regulation 33 (1) © of the Decision and Appeals regulations 1999 requires that grounds are given in making an appeal.

 

You can submit evidence later if you can't source it immediately - just advise when you appeal that you will be forwarding further supporting evidence.

[likelylibra2006]

The grounds I have given in my appeal letter are that I believe I should have scored 15 points or more at the WCA "medical" and that information supplied at the "medical" were overlooked...is this adequate? Also I have been advised its a right of appeal to the tribunal which the DWP cannot refuse?

 

Also I have not asked the DWP to overturn their decision (apparently a waste of time!!) but requested to go straight to the tribunal...your thoughts please?

[RaeUK]

Sounds a fair start.

It's often expedient to go straight to a tribunal request. This is because, as part of that process, a DWP decision maker will re-examine the case anyway.

Best wishes

Rae

[likelylibra2006]

So do you think they're valid grounds?

 

If the DWP refuse to forward my appeal what's the next step???

[RaeUK]

Provided you've been specific about what you feel was erroneous I can see no problem.

If the DWP 'refuse to forward' your appeal then that is very good news indeed! The only reason they will not forward your appeal to the tribunal service is if they read your submision, re-examine the case and completely agree with you.

Best wishes

Rae

[likelylibra2006]

Thanks Kelcou.

 

Is there any way of finding out how long its taking in my area before appeals are being heard by the tribunal?

[RaeUK]

Roughly speaking it's about 6 - 9 months. So, plenty of time to gather any extra supporting evidence to send off to the tribunal service...

Best wishes

Rae

 

NB: Don't forget that, whilst you will get the assessment rate of ESA throughout this process, you do need to continue sending in your [un]fit notes!

[ErikaPNP]

The grounds I have given in my appeal letter are that I believe I should have scored 15 points or more at the WCA "medical" and that information supplied at the "medical" were overlooked...is this adequate? Also I have been advised its a right of appeal to the tribunal which the DWP cannot refuse?

 

Also I have not asked the DWP to overturn their decision (apparently a waste of time!!) but requested to go straight to the tribunal...your thoughts please?

 

Those grounds are sufficient in your GL24 or appeal letter, yes. The DWP cannot refuse your appeal - but the Tribunals Service can. This is why the DWP would write to you first to obtain grounds if you hadn't supplied them. Then, if you still didn't provide grounds they have to inform the Tribunals Service who will decide whether to admit or refuse the appeal.

 

The DWP have to reconsider the case and have to overturn the decision if there is enough evidence that the original decision was wrong. If the decision is not overturned or is overturned but not in your favour, the appeal will continue. If the DWP do revise the decision, the appeal will lapse and that is the end of the appeals process - though there are fresh rights of appeal against a new decision. Reconsideration is an integral part of the appeals process and the Tribunals Service will not accept an appeal from the DWP where no reconsideration has taken place.

 

The DWP must check that the appeal is duly made, and if not so, contact the claimant or rep to provide information to make the appeal duly made, then if appropriate offer an explanation, then reconsider the decision then prepare a submission and then send it all to the Tribunal Service. That is a basic explanation of the process but there is more to it than that. If any part of the process is incomplete, the Tribunal Service cannot continue the appeal until it is done.

 

The DWP will send a copy of the submission to you as well if the appeal continues (i.e if they don't revise in your favour). Once you have this, you know that the case has gone to the Tribunal Service. Read through the submission with a fine tooth comb, and address any points in the decision which are contradictory to the facts or to the law, and you then make your own submission to the Tribunal Service along with any further evidence. The Tribunal will send you an enquiry form to complete shortly after they receive the submission.