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Esa appeal - wrag to support group


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Hi, I am assisting my sister who is a long term mental health sufferer who has (or had) been on IB for approx 5 years. In 10/12 I helped her complete an ESA50 as part of IB to ESA migration process and with help from this great site the form was duly returned. Surprisingly, on 15 Jan she received a letter from DWP stating that ESA was to be awarded without the need for a dreaded ATOS medical assessment/ interrogation. The ESA start date is 11 Feb 2013.

 

The bad news is that despite referring specifically to the support group descriptors within the ESA 50 she was placed in the WRAG. As she is on contribution based ESA then her benefit will cease in 12 months. Further, she will not have the confidence to attend an work focussed interviews without being accompanied etc.

 

Anyhow, I intend to lodge an appeal for her to seek to have her admitted to the Support Group. At this stage I simply want to express the core grounds of appeal with further and better particulars to follow. What is the timeframe within which I have to lodge an appeal at the Tribunal ..i understand its 30 days ; if true is that 30 days post the 15 Jan letter, 30 days post the date of receipt of DWP letter which was 19 jan, or 30 days post the ESA commencement date - 11 Feb '13 ??

 

I look forward to your comments.

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:badback2:

 

Appeal needs to be lodged within one calendar month of the date on the letter saying your sister's entitled to employment n support allowance. The system's about to change but for the moment, a letter of appeal with details of the decision being appealed against, or a completed GL24 form (available on request from Jobcentreplus/downloadable from the internet) needs to be sent to the address on the award letter.

 

Regards, Margaret.

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Can you get a letter from either her GP or Mental Health Practitioner to say that if she is found to be capable of Work Related Activities then that would pose a significant risk of serious harm to herself or others. Detail any episodes or risk of violence, self harm, suicide, thoughts or suicide et.c.

 

It may not help at the early stages but if it's on her file when it goes to tribunal they will be very interested to know why she was not in the Support Group.

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