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ESA Appeal - help required please

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I attended a medical on the 3rd November and was seen by a nurse!! I then received a telephone call about a week later to say I had not got enough points to be able to continue claiming ESA. I was told I could appeal and to look out in the post for their decision.

 

I have lots of other complicated matters taking up space in my brain and I forgot all about it until I checked the bank this morning only to find I have had no ESA payment into the account.

 

I telephoned to enquire as to what had happened and was told I need to submit a sick note and a letter saying I wish to appeal.

 

I want to write this letter but want to make sure I don't say anything I shouldn't. Can anyone please advise how I can write this letter and find out why the decision of not enough points was reached?

Many thanks for anyone who can help me x

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Hello there.

 

You can ask for a reconsideration on form GL24 from the benefits centre or available to download online via the sticky below. The guys should be able to tell you how much to say. You also need a copy of what the Atos HCP said about you, it could be an ESA85.

 

The sticky tells you more about the process and about the tribunals system.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

My best, HB


Illegitimi non carborundum

 

 

 

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You should have received written confirmation that you failed the WCA along with the reasons, informing you by phone alone is not good enough.

 

When I appealed my failed WCA I stated that:

 

a) I wished to appeal the decision, and I wished to continue receiving benefits.

b) I stated that in my opinion I had met three of the descriptors.

c) I stated that I disagreed that the ATOS report was a true reflection of what happened during the WCA.

 

That's basically it, if you have supporting evidence send it in with the GL24, along with a current med3(sick note) the med3 is important as the DWP will not re-instate payment without it. DO NOT ask for a reconsideration as you won't be paid if you do, the DWP automatically reconsider as part of the appeal, if you actually ask for reconsideration it's not regarded as an appeal.

 

Good luck


 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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You need to fill in GL24 appeals form and send it off, remember you only have 4 weeks from when the decision was made to do this, you dont need to put any information on the form at this stage, only that you wish to appeal as you feel the decision made is the wrong one. Phone the DWP office that deals with your claim and request a copy of form ESA85, this is the medical report, you will then know why you failed to gain enough points. Once you have sent your appeals form off the DWP will reconsider whether they can change the decision in your favour, if they cant they will send your papers off to a Tribunal, they will also send you copies of these said papers. You then need to start preparing for your appeal, maybe with the help from someone at CAB, once prepared you send off all documents and evidence to the Tribunal. Please bear in mind this is a very long process, I sent off my appeal papers last October and they have only just gone to appeal 13 months later and it could still be up to a year before I go before the Tribunal. Dont let this deter you from appealing, that is what the DWP want, to get people off benefits, stick to your guns, whilst you are appealing you can be paid at the assessment rate, you will need to send in fit notes to get this.

Edited by bladerunner22

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Thanks for your advice. I am sending a letter, enclosing a sick note, stating that I wish to appeal but was never sent the relevant form, or letter telling me of their decision as I only had a telephone call. I have also asked for a written statement of reasons and, that until I receive this, I cannot comment because I have no idea of what their reasons were! I've also asked told them I wish to continue receiving benefits.

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Thanks for your advice. I am sending a letter, enclosing a sick note, stating that I wish to appeal but was never sent the relevant form, or letter telling me of their decision as I only had a telephone call. I have also asked for a written statement of reasons and, that until I receive this, I cannot comment because I have no idea of what their reasons were! I've also asked told them I wish to continue receiving benefits.

 

You need to fill in a GL24 appeals form, phone the DWP office to request one and tell them you wish to be paid at the assssment rate, they will then have it on file, if you just send in a letter and Fit Note they may get lost, then all they will do is send out a GL24 to you, this is all wasting time as you only have 4 weeks to get the appeal in, dont wait for the Written Statement of Reasons or the Medical Report before you send in your appeal, make sure you send your appeal recorded delivery and at least 10 days before the 4 weeks is up.

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Just to add to the previous advice please ensure that you send all hard copy communication via recorded delivery as they seem to mislay things a lot until reminded that they have signed for delivery on such a date.... they then find it very quickly.

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You can also send in a letter stating that you're appealing instead of the GL24. If you do this, you must ensure that you make it clear that you're appealing and which benefit.

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