ESA appeal process

[QuestUK]

Hi All, I was notified last week by telephone that i failed my medical examination for ESA. The lady i spoke too said i could go on JSA or launch an appeal. I told her that i would need a few days to consider my options. In the end i have decided to make an appeal against the esa decision. Basically, because i thought the way medical examination was conducted was unprofessional.

My question is how do i start the process of appealing? Do i need to send a sicknote from my Doctor? Do i contact CAB? DWP? Is there a form i need to send? etc etc

 

Thank You

[osdset]

Hi

What you need to do is obtain form GL24 which you can download and print from here http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514 or you can get a copy from any jobcentre plus, or you can write a letter of appeal. Ensure that you clearly state that you wish to appeal, and that you wish to continue receiving benefit payments, if you ask for a reconsideration your money will stop until a decision is made. If you send any additional evidence to the DWP make sure your name and national insurance number is clearly written at the top of each page.

 

You have one month to submit the appeal from the date you failed the WCA, and you will need to submit a med3(sick note), you continue submitting med3's while you wait for the hearing, and until such time as the tribunal makes a decision, the DWP will automatically do a reconsideration of your claim and if they won't reverse the decision it will go to the tribunal, the DWP will send you a large file of paperwork which will have a copy of your ESA50, the ATOS report, etc.

 

Be prepared for a lengthy wait for the appeal tribunal.

 

Hope this helps

Edited October 1, 2012 by osdset

[honeybee13]

Hello there.

 

Here's a link to the forum sticky on appeals and tribunals, hope it helps you.

 

My best, HB

[debt4get]

the first thing you have to realise is this is not in an way or form a 'medical examination' it is a process designed specifically to deny people benefits, you are going to have to appeal on the basis that you meet one or some of the descriptors, appealing because you thought that the examination was unprofessional im afraid will get you nowhere....as os has suggested get the gl24 and fill it in remember to send 'fit note from the day your benefit was denied otherwise you will have a gap in payments.

if you believe that the the so called HCP was unprofessional complain to ATOS, your MP etc, also find out whether the HCP was a doctor or nurse and complain to GMC etc....you will be paid at assessment rate waiting for appeal £71 p.w.

[Nystagmite]

You need to ask for the report, which is an ESA85. When you launch an appeal, they reconsider it before it goes to appeal.

[worried33]

next someome gets told over the phone they can claim JSA, reply saying you tried but was told too ill, I would be interested in the person's live reply.

[debt4get]

i would think the reply would be something along the lines of, you will have to find some other way...they surely must have a scripted answer to this one...

[RaeUK]

You guys are getting too knowledgeable on appeals. Nowt for me to add ...

[**Margaret**]

:Appeals:

 

Unfortunately, a sign of the times. Particularly our Pinocchio Times.

 

Not mine, but we've had a local (blue) Member of Parliament complain that knowing how to appeal is becoming part of the claim process. Did suggest that s/he was better placed than me to deal with the :lie:.

 

Margaret.

[RaeUK]

Well, to be fair to our learned and most honourable members of parliament, if they'd got the system right in the first place then people wouldn't have to appeal ...

[QuestUK]

Thank you guys for your advice it has helped me a lot. My examination by ATOS if that's what i can call it was conducted in a way which was completely unproffesional...Anyway, I have my gl24 form how much information should i write on this form at this stage should i just keep very basic?

 

For example, i write "i am appealing against the decision that i am not entitled to esa" because i feel im not capable of work and i should be awarded a minimum 15 points.

And then go further into details later on?

[osdset]

Thank you guys for your advice it has helped me a lot. My examination by ATOS if that's what i can call it was conducted in a way which was completely unproffesional...Anyway, I have my gl24 form how much information should i write on this form at this stage should i just keep very basic?

 

For example, i write "i am appealing against the decision that i am not entitled to esa" because i feel im not capable of work and i should be awarded a minimum 15 points.

And then go further into details later on?

 

I would not quite word it like that, I would put

I am appealing against the decision that I am not entitled to ESA, for these reasons

I feel that I met descriptors ( whatever applies to you).

I do not believe the HCP's report was a fair reflection of what occurred during the WCA.

Please continue to pay my benefit at the (whatever rate you are on)

 

 

It won't hurt to add copies of any supporting evidence you have, once again ensure you put your full name and national insurance number at the top of each page you submit.

[**Margaret**]

:QuestUK:

 

You've got the idea but feeling you're not capable of work isn't enough. You need to add basic detail about why you're not capable of work in relation to the descriptors/special circumstances for an award of employment and support allowance. Criteria for an award of the benefit can be found in a useful booklet which can be accessed by Googling ESA214.

 

Now, about that unprofessional messical? Got any evidence?

 

Hop over to 'Atosh HCPs and Unethical Behaviour ......', started by RaeUK, on the Atos forum. #35 is my experience of complaining to the Atossers. Not suggesting that you don't complain. Just be aware that it's dammed hard work and very stressful.

 

Best wishes for your appeal, Margaret.