ESA appeals process - dont understand

rogerblack

BRIANCARSON wrote: »

Until I receive a letter stating that I do not have to keep sending in medical notes { GP gave me a three month note } I will be covering my back and will keep sending them in.

You don't need to do this - if you are in either group, you do not need to send sicknotes.

In addition, people may find this video useful.
What happens at an ESA appeal.
http://www.youtube.com/watch?v=2pNKg6diFh0

BRIANCARSON

rogerblack wrote: »

You don't need to do this - if you are in either group, you do not need to send sicknotes.

As I did point out that letter was posted 23/7/2012 so the ESA Unit has not been in touch yet so until I see it in black and white I am not taking any chances as after all the letter telling me they had reviewed my case did not mention anything about medical notes so I am not risking it.

I have no idea when the ESA Unit will be in touch and until they do I will be covering my back and sending in medical notes.

epitome

rogerblack wrote: »

In some cases, it could be a tactic to make the reconsideration process take over 6 months, so ESA could be reclaimed again.

This is generally questionable at best, but in principle a properly timed reconsideration, even if rejected, will add about 8 weeks to the process.

Requesting a reconsideration first also gives you time to get your evidence together, in the event that the tribunals service was prompt, and you got an undelayed tribunal.

In the present environment, in most cases, there is no benefit to this, and you should go straight to appeal.

8 weeks is stretching it a bit far and very risky to try to do.

when you ask for an appeal a recon is done automatically then it is sent to tribunal, so asking for only a recon and then asking for an appeal will not extend the DWP "desk time". but you have 1 month to ask for a recon and then 1 month to ask for an appeal when you receive the recon letter. So if you think about it, you can only extend by 1 month from what you would have gotten by asking for an appeal only.

But stretching your reply time to the limit of 1 month in each case is not very clever, because you might end up being late. And you are assuming you will receive the recon rejection letter - which might just go missing in the post.. All very risky IMO.

epitome

In answer to chokolat....

You will always need sicknotes on an appeal where you are appealing a disallowance from both WRAG & Support. If you already have current sicknotes you should ask what date the current one expires, and follow it on. Sometimes they cancel current sicknotes (but not always) so that you need new sicknotes for the same period.... I haven't worked out yet in which circumstances they cancel sick notes..possibly where it is a long term sick note for a year and the claimant was previously in WRAG or Support.

Cpt.Scarlet

It's also worth remembering that the OP was found fit for work, so requesting a reconsideration first would leave them without payment until that process was completed. The assessment rate is only payable when you appeal.

Own_My_Own

My Son (who has ASD) was granted ESA in Nov 2011.
We were told he would have an interview with someone to access which group he would be put in. In March this year my Housing Benefit was reduced by just over £10 a week because he was now on main stream and getting more money !
I rang ESA to ask when he would be interviewed and put on mainstream, to be told they didn't know, but any money owed would be backdated !
We are now nearly in August and he still has not been interviewed.
Can they really be this far behind ?