ESA Appeal and Strange Letter

[citizen83]

Two weeks ago (21st July) I sent an appeal form (GL24) to the DWP after scoring '0' points following a recent Work Capability Assessment. In the meantime my ESA has been stopped and I

 

I have a photocopy of the GL24 the Job Centre made for me, but all I've had is this vague letter and a pre-paid envelope telling me to respond within 14 days (dated 28th July) which states:

 

-------------------------------------

ABOUT YOUR APPEAL

I am writing about your letter dated 25/07/11 telling us you want to appeal. The law says we can only deal with an appeal

when it has been made in the right way.

 

We are sending back your letter because

 

the reason why you want to appeal against this decision.

 

You must reply within 14 days. You can use the envelope we have sent you. It does not

need a stamp.

 

When we receive your reply we will decide if the appeal should go ahead as normal.

If we think the appeal cannot go ahead we will send it to the Tribunals Service and

they will decide.

 

If you do not reply within 14 days we will send your appeal to the Tribunals Service. The

Tribunals Service will decide if the appeal can go ahead.

 

If you want more information please get in touch with us. Our address and phone

number are at the top of this letter.

 

Yours sincerely

 

Appeals Admin

 

 

----------------------------

 

The letter ESA65) (explaining they had decided I was 'fit for work' along with the 'statement of reasons' didn't arrive until AFTER I had phoned the DWP to find out if I had passed/failed the assessment.

 

When an advisor on the phone asked if I wanted to appeal, (and explained he couldn't give out my results over the phone) told me by going to JCP, asking for a GL24 and just put simply "I believe I should have scored more than 15 points" in the reasons box. Which I did.

 

The advisor said as soon as they got the form the sooner I'd get paid at the assessment rate. I've been calling them for 2 weeks every other day to check if they had received it, I've been told over and over again yes - but it's waiting to be verified before any assessment rate payments will be resumed... still nothing, but last Thursday (when I assume this odd letter is dated 28th July) another advisor said it should be all sorted this week, midweek at the latest I should be paid... Is this why ESA has still not been reinstated at the assessment rate? Even though I was *told* it would be as soon as they received the GL24. Driving me crazy-er!!

 

I'm confused about what I am actually meant to do next? It's confusing as they haven't returned the form. Even though it says "we are sending back your letter". What letter is that? the form??

 

Would I be correct in doing either/all of the following?

 

- Write a letter explaining I didn't have all the information when I submitted the GL24 form, but am writing to provided more information?

- Get a new GL24 Form from the job centre and fill it out all-over again being more specific about the reasons?

 

Should I say something to oppose their assessment of me on the 'Statement of Reasons' where they state what points I've been given one by one? How do I 'properly' phrase that?

 

Such as (example):

 

- "I disagree with your statement that I "behave in a way that would be acceptable at work." Because you fail my behaviour (aggressive uncontrollable outbursts) in a workplace environment is not appropriate and causes significant distress to others." etc

 

Should I elaborate further...? or would the above suffice?

 

What happens if my response is unsatisfactory, and the DWP do indeed refer it to the tribunal? will I not be paid even assement rate until they decide I can appeal?

 

Please help, I've got virtually no money as my entitlement to ESA stopped at at the start of July, and can't even have a crisis loan for food/living costs as I've already had the maximum 3 small payments since April (thanks to a decision maker taking 6 weeks to initiate the claim).

[ErikaPNP]

You need to give reasons for disagreeing with the decision. Writing 'I disagree' or 'I should have scored more than 15 points' is not usually accepted as reasons; you need to elaborate on that a bit, giving details of why you feel you should have attained the 15 (or more) points.

"I disagree with your statement that I "behave in a way that would be acceptable at work." Because you fail my behaviour (aggressive uncontrollable outbursts) in a workplace environment is not appropriate and causes significant distress to others."

 

That sort of thing is fine. If you have a statement of reasons, challenge every point you disagree with like you have done above and that will be a satisfactory response. You don't need to complete new GL24 - you can just write a letter and send that. Make sure that you put your National Insurance Number on each piece of paper you send to them, along with the words 'ESA Appeal' - it will get to the right place quicker that way.

[citizen83]

Great thank you so much Erika.

 

That answers all my questions perfectly. I'll let you know how I get on.. (until the next time)

[ErikaPNP]

You're very welcome, KUP.

 

If you can't get a crisis loan, try searching the internet for food banks in your area, or pay a visit to Social Work. Social Work often have emergency funds for people who are ill, in crisis and aren't eligible for a crisis loan.