extension for appealing ATOS medical?

DanielClark

after being made to wait for my friends medical report to come through, it finally arrived at the end of last week. unfortunately, he has not been able to go to CAB yet for advice, and his date for getting the appeal in is the 8th august. is there any way of getting an extension to this time, especially seeing as it took them well over a week to get it to him?

Muttleythefrog

If you asked for a statement of reasons (or ask now) then they should extend by 2 weeks the initial 4 week period.
(It's important to have the SOR and a copy of all the evidence they used to properly assess how to approach appeal).

However, what it should be possible to do is write to them stating that you wish to appeal the decision x on date y as you disagree with it as you should have been found to have limited capacity for work (and possibly limited capacity for work related activity if you feel that is the case). You can say that you are seeking legal advice and, if it is the case, are awaiting their SOR and/or copy of all their evidence used. State that you will be in touch shortly, or that a legal respresentative will, to give further details of the grounds for appeal and, if it is the case, provide further medical evidence.

In other words make it known to them you are appealing (within the time limit applying) but holding off on giving the full details of why. That should be acceptable to them. You could call them to confirm that this would be acceptable... make intent to appeal known before deadline and submitting further details soon thereafter.

I'd advise he tries to get that legal advice ASAP because it could take a while to get an appointment to look into his case.

sunnyone

DanielClark wrote: »

after being made to wait for my friends medical report to come through, it finally arrived at the end of last week. unfortunately, he has not been able to go to CAB yet for advice, and his date for getting the appeal in is the 8th august. is there any way of getting an extension to this time, especially seeing as it took them well over a week to get it to him?

You send in the appeal form straight away after you fail the medical, you dont need the report to do this as you just say that you dont agree with the decison and wish to appeal so do this today.

Its after he has done that is when he needs to statrt and build his case for appeal.

cit_k

sunnyone wrote: »

You send in the appeal form straight away after you fail the medical, you dont need the report to do this as you just say that you dont agree with the decison and wish to appeal so do this today.

Its after he has done that is when he needs to statrt and build his case for appeal.

The reason its best to either send in as much detail initially as possible, or to inform them that you are appealling but will be sending more detail later is because they have to reconsider your case before it can go to appeal.

However, the decision maker is restricted to reconsidering just what you point out to them, so saying you wish to appeal ONLY would mean they have nothing to reconsider..

Letting them know more is coming, means they should hopefully hold of on reconsidering for a while till you send in the evidence, and then they have something to actually reconsider.

DanielClark

just out of curiosity, what is the best way to get the form sent off?

will they accept it if it is dropped off at the closest jobcentre plus, and if so, should proof that it has been handed in be demanded?

edit//

also, when sending off the form, will a new sick note need to be supplied?

rogerblack

DanielClark wrote: »

just out of curiosity, what is the best way to get the form sent off?

will they accept it if it is dropped off at the closest jobcentre plus, and if so, should proof that it has been handed in be demanded?

As I understand it, jobcentres stopped providing this service some time ago, and will not provide proof stuff has been handed in.

Personally, I take photos of the pages, in order that I can replicate them later if needed, then send them special delivery. Merely registered should work though. Never send originals unless they are required.

Also phone them that you've sent something.

This is as they've managed to lose forms that have actually been received by them internally.

wombles_forever

DanielClark wrote: »

just out of curiosity, what is the best way to get the form sent off?

will they accept it if it is dropped off at the closest jobcentre plus, and if so, should proof that it has been handed in be demanded?

edit//

also, when sending off the form, will a new sick note need to be supplied?

Hi. as above the JCP will not forward any correspondence to the BDC if this has not been arranged and a special appointment made and they have agreed to do this.

Yes. a new fit/sick note will need to be supplied if the current one has expired. They will need to be supplied until the appeal is finally heard.

DanielClark

should the gl24 be sent in before asking them to reconsider their decision?

also, how long does a person have to send in new evidence with a view to getting them to reconsider?

Muttleythefrog

DanielClark wrote: »

should the gl24 be sent in before asking them to reconsider their decision?

also, how long does a person have to send in new evidence with a view to getting them to reconsider?

The reconsideration is automatically done before they send papers off to tribunals service for the appeal (assuming decision isn't changed).

The GL24 will notify them of intent to appeal.. and potentially some details of the grounds for appeal which can later be explained in more detail if required. The timing of the reconsideration is hard to determine.. so if you do intend to send further evidence and want that to be part of their reconsideration then I'd inform them that further evidence is imminent and you desire they wait for this to be submitted.

(You can ask them to reconsider their decision without appealing but this is largely advised against as a waste of time since they'll reconsider automatically anyway if you appeal)

DanielClark

my friend posted his GL24 off on friday, but has still to hear from anyone confirming that his appeal notification has been submitted.

how long should it be before he gets notification?

Muttleythefrog

DanielClark wrote: »

my friend posted his GL24 off on friday, but has still to hear from anyone confirming that his appeal notification has been submitted.

how long should it be before he gets notification?

Hard to say... and I'm not sure if you'll get one. Might be worth calling them up and asking them to check to make sure they received it. DWP admin just can't be relied upon regarding ESA but of course it ends up being the claimant who suffers. I suppose one indicator of whether they've received it is possibly regarding assessment rate payments... since they'll be made if appealing (usually) under the cover of sicknotes but presumably stop otherwise.