ESA appeal help

AlisonHarrison

I was previously claiming IVB which was converted to ESA some time ago. I then had an assessment in July. I was awarded no points.
I subscribed for the benefits and work books which are sometimes talked about on these boards, and on that advice appealed about 6 weeks ago. I lodged an appeal and said I could not give the full reasons for the appeal until I have received copies of the papers. I gave them a couple of examples of why I was appealing eg The DM has not taken into account............etc. but I said I would give further details when I got the papers back.
I have heard nothing back from them, although my ESA was paid last Friday and they had told me when I was awarded no points that I would go onto JSA from that date.
Questions are:
Is it likely my appeal has been sucessful?
When and if, I submit my "full" appeal, how often do DMs change the first decision?
Is this six week delay in just giving me the papers unusual?
How long do they normally take to get to tribunal?
Any advice would be appreciated. I am at my wits end.

AlisonHarrison

Can I just bump this up hoping to get a reply.

Cpt.Scarlet

Have you for a Reconsideration or an appeal?

If you asked for the former, then these can take up to 13 weeks, however, if you have not submitted any additional evidence to this process, it is very unlikely that they will change the original decision, they do not send you any papers.

If the latter, then they will do a Reconsideration first, and it is only after this has happened, that your papers will be submitted to the Tribunal Service and a copy will be sent to you.

Have you requested any of your medical reports? There should be an ESA85, an ESA65, and finally an ESA65S.

AlisonHarrison

I appealed. This was on the advice of the B&W guides.
I asked for the papers but I have heard nothing yet.
When I appealed, I said that I would not be able to submit a full appeal without seeing the papers. (again on the advice of the B&W guides) I did however, make a couple of submissions, but as I said, did not do the full submission because I had not seen the papers.

Chorlie

I appealed being placed in the WRAG and not the Support Group, I filled in the GL24 form, enclosed a letter explained why I'm appealing and why I thought there decision was wrong.

After about 8 week I received a letter stating they had reconsidered there decision and have moved me to the Support Group.


If you failed your claim due to not getting 15 points, then you need to fill in the GL24 form and send it off with a lot of extra information, first get a letter from your Hospital Doctor, GP or OT (if not all of them), full explaining why they think your medical condition means you should qualify for ESA. Also you need to look at the descriptors and see where you think you'll gain enough points to get ESA and enclose a letter explaining this.

They should then reconsider your claim and either award you it or if they think you still don't meet the criteria for ESA they will pass it for Tribunal.

As stated a Reconsideration takes about 13 weeks, the more information you give them the better and may speed things up a little, as for a Tribunal that will be many months.


http://www.dls.org.uk/Advice/Factsheet/welfare_benefits/employment%20support%20allowance/Employment%20Support%20Allowance%20-After%2028th%20March%202011.pdf

http://www.dls.org.uk/advice/factsheet/welfare_benefits/employment%20support%20allowance/Employment%20Support%20Allowance%20Appeal%20%20Decisions.pdf

deathvalleydemon

14 months ive been waiting for my tribunal date. what a joke.

AlisonHarrison

Thanks for these replies. I have just had a letter today (dated 17 October) to say that my medical certificate is due to run out on 10 October. (they told me to stop sending medical certificates years ago so there was no medical certificate to run out) It also says please send medical certificate by 11 October, which was last week.
They have acknowledged my appeal, but have still not sent the papers I have asked for.

Cpt.Scarlet

Alison

You need to provide Fit Notes while you are appealing, otherwise you won't get paid.

Muttleythefrog

AlisonHarrison wrote: »

Thanks for these replies. I have just had a letter today (dated 17 October) to say that my medical certificate is due to run out on 10 October. (they told me to stop sending medical certificates years ago so there was no medical certificate to run out) It also says please send medical certificate by 11 October, which was last week.
They have acknowledged my appeal, but have still not sent the papers I have asked for.

Yeah.. make sure you're covering yourself with sending in 'sicknotes' as that'll likely be required to get assessment rate while waiting for appeal. I would chase up the papers if you can... they should provide statement of reasons (if requested and not provided already) and copy of evidence used within a timely manner.