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ESA appeal help?

geriann
Posts: 158 Forumite

on the 5th of july i got a letter to say my income support [disability] would change to ESA on the 19th of july.
it said i've been put in the Work-Related Activity Group. i was hoping for/expecting to be in the Support Group.
the letter said i had until 1 mth after the date of the letter to contact them if i thinnk thier decision is wrong.
letter dated = 3rd july
must contact them by =3rd august
it said i could contact by phone or in writing. i'd prefer writing.
the letter said...
you or someone else who has authority to act on your behalf can:
*ask for an explanation
*ask for a written statement of reasons for the decision
*ask them to look again at the decision to see if it can be changed [there may be some facts you think we have overlooked or you may have more information which affects the decision]
*appeal against the decision
**you can do any or all of these**
should i just appeal? or do all the above?
the letter says look at leaflet GL24...which i don't have.
with the letter the only leaflet i got was INF1 [JSA] = which is called "jobseekers allowance - disagreeing with a decision". i'm guessing that's a mistake! it even says in that leaflet to get a copy of the GL24 leaflet!
the letter says i can get the GL24 leaflet from direct.gov.uk/appeals
hopefully i can fill in whatever it is online.
is there anything in particular i should write on the GL24 form?
on the 24th of july i got a phone call from jobcentreplus to say i'd be getting a letter about an appointment [at the jobcentreplus] on the 3rd of september.
i didn't get time to write down what kind of appointment the woman said and i instantly got anxious, so i can't remember wha kind of appointment she said!
i know it's over a mth away, but i'm terrified already!
it said i've been put in the Work-Related Activity Group. i was hoping for/expecting to be in the Support Group.
the letter said i had until 1 mth after the date of the letter to contact them if i thinnk thier decision is wrong.
letter dated = 3rd july
must contact them by =3rd august
it said i could contact by phone or in writing. i'd prefer writing.
the letter said...
you or someone else who has authority to act on your behalf can:
*ask for an explanation
*ask for a written statement of reasons for the decision
*ask them to look again at the decision to see if it can be changed [there may be some facts you think we have overlooked or you may have more information which affects the decision]
*appeal against the decision
**you can do any or all of these**
should i just appeal? or do all the above?
the letter says look at leaflet GL24...which i don't have.
with the letter the only leaflet i got was INF1 [JSA] = which is called "jobseekers allowance - disagreeing with a decision". i'm guessing that's a mistake! it even says in that leaflet to get a copy of the GL24 leaflet!
the letter says i can get the GL24 leaflet from direct.gov.uk/appeals
hopefully i can fill in whatever it is online.
is there anything in particular i should write on the GL24 form?
on the 24th of july i got a phone call from jobcentreplus to say i'd be getting a letter about an appointment [at the jobcentreplus] on the 3rd of september.
i didn't get time to write down what kind of appointment the woman said and i instantly got anxious, so i can't remember wha kind of appointment she said!
i know it's over a mth away, but i'm terrified already!
0
Comments
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I'm new to this and in the same position as you. As I understand things, you can automatically extend the deadline by a further two weeks if you ask for the notes relating to the decision. This, I guess, is to allow you to consdier whether you have enough evidence to put together an appeal.0
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Do they mean a month or do they mean 4 weeks ie 28 days, I would check.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
i'm guessng the appointment on the 3rd of september will be my 1st work-focused interview.
omg i can't explain how terrified i am of any benefit-related appointments.:eek:
can i take someone go with me to all these appointments?
if i have to go to these interviews [if appeal doesn't work or doesn't delay them] i wonder what state i'll be in when i attend them.
if i take my normal daily medication it wont be enough, so i'll have panic attacks, fits of crying, possibly hallucinations aswell.
if i take extra anxiety medication...which i'd have to...i'd have to take so much to stop me being "crazy" that i'd be "out of it" cause of the sedation!
surely that's a health & safety risk?!? not to mention it would make it difficult to do any interview or job!?!
the letter i got on the 5th of july mentioned 2 different appointments...
*you must attend work-focused interviews with a personal advisor.
your advisor will help you to take reasonable steps to move towards work. this could include support to manage your illness/disability.
the purpose of the interviews is to help you identify appropriate job goals and to discuss any reasonable action that you are willing to take in order to enhance your employment prospects.
your advisor will access a wide range of services to help you move into suitable work, if you are able.
for instance...
*programmes to help your you manage your illness/disability.
what does that mean?
*training.
*financial help.
is this the appointments you have monthly for the first 6 mths on ESA WRAG?
however work-focused interviews may be defered if there are good reasons as to why it is not appropriate or of no assistance at that time.
what kind of reasons do they mean? any know any mental health reasons?
*you may also be required to attend a work-focused health-related assessment with a health care professional. during this you will be asked how you feel your illness/disability is stopping you working and what help you need to start work in the future.
how i feel my illness/disability is stopping me working...didn't i just fill in the ESA50 form for hours on end!?!
what help i need to start work...can they hand a miracle recovery!?!you can automatically extend the deadline by a further two weeks if you ask for the notes relating to the decision. This, I guess, is to allow you to consdier whether you have enough evidence to put together an appeal.
oh that's a good idea.:idea:Do they mean a month or do they mean 4 weeks ie 28 days, I would check.
the letter just says...
within 1 month of the date of this letter:huh:0 -
My son got moved from Incapacity to ESA - the work related group. That was the group he was wanting as he's hoping to get some help. He's 23 and since he left school there has been no support for him at all (he has ADD, dyspraxia, depression, anxiety and phobias). He has in fact been quite depressed and anxious because he hasn't heard anything about any interviews yet and he was changed over about 2 months ago. I'm just curious as to why a lot of people really don't want to be in the work related group? My son looks on it as a positive and a step forward.0
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My son got moved from Incapacity to ESA - the work related group. That was the group he was wanting as he's hoping to get some help. He's 23 and since he left school there has been no support for him at all (he has ADD, dyspraxia, depression, anxiety and phobias). He has in fact been quite depressed and anxious because he hasn't heard anything about any interviews yet and he was changed over about 2 months ago. I'm just curious as to why a lot of people really don't want to be in the work related group? My son looks on it as a positive and a step forward.
May also be because if them being able to make you go on the work programme indefinetly.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
i found the GL24 leaflet...
http://www.dwp.gov.uk/docs/gl24dwp.pdf
do i only fill in the GL24 form if i want to appeal?
i want to take JAMES123's advice and ask for a written statement of the reasons why they turned me down.0 -
You can ask for a Statement of Reasons, but the DWP in the majority of cases will not supply one, they will typically send you a copy of your medical report.
This presents a problem when you are attempting to appeal, in as much the DWP will believe that they have satisfied the request whereas the claimant will believe they have not.
Whilst the DWP are more lax with late appeals than they used to be, I would never suggest a claimant waits for a (real) SoR, if that takes them over the month to appeal.0 -
As above.. suspect the appointment regarding jobcentre is for a WFI (Work focussed interview)... not something you should particularly fear.
My advice would be to look at the Support group descriptors.. the criteria that you think you'd meet to put you in Support Group. Many people think they should be in S.Gp but haven't looked at the criteria. If you do meet a descriptor or more than 1 then appealling might be a good course of action.. try to get supporting medical evidence that the support group descriptor(s) apply and why. You could appeal using GL24 form or by writing a suitable letter.. but I think best to try to quickly get hold of the evidence they used to put you in WRAG.. perhaps also statement of reasons if such a things is available. If you intend to appeal.. as per Scarlet... don't push the time limits.. you can always send in further details for appeal after making your request to appeal. But first stop.. descriptors... do you think you technically should get into Support Group and if so then make a case for that in appeal."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0 -
so i could ask for a statement of reasons/an explanation...or as you say they might just send me a copy of my medical report. i've not seen that. i've not had a medical and i don't think they've contacted my gp, so i don't know whatever medical report they have would say.
if i was going to do that, do i just fill in the GL24 form? or write some kind of letter?
or [because of limited time] i could ask for the above things and appeal at the same time...so i would need to fill in the GL24 form.
should i ask about getting the things above on the GL24 form?
on the GL24 form it asks...
have you arranged for someone to represent you at your appeal?
no, i haven't yet. do them mean taking a family member/friend? or something else?
and is says...
Tell us why you disagree with the decision.
You must say why you think the decision is wrong. It is not enough to say ‘I disagree with this decision’ or `My GP says I’m unwell’.
so without seeing the reasons why they made this decision and without seing my medical report, what kind of thing should i write?
i'm not sure what supporting medical evidence i can get. i only see my gp every 4 wks. i stopped seeing any of the mental halth team ages ago.
the pain/physical problems i have are due to injurie i got 15-16 yrs ago.
i have no idea what's on my record about that. i've only been at my current gp surgery for 3.5 yrs so my gp wasn't envolved with that stuff.
i'm guessing a letter from my parents wouldn't be evidence?
i was 14-15 yrs old when my injuries happened, so they know all about it then and how it affects me now.
if i got my gp to sign a written statement about my problems, would tha be evidece?
btw JAMES123 is correct that if you ask for this stuff they give you an extra 14 days to appeal...so my deadline would be the 17th of august...rather than the current 3rd of august deadline. [it's on page 8 of the GL24 leaflet]0 -
Call, and insist that you want the written statement of reasons, in addition to the medical report.
Ideally, record this, or even send a request by registered post.
Once you have made the request for the statement of reasons, the clock on the appeal time does not run if it is not supplied.
(Note however that if it's sent, and lost in the post, it's held to be received on the next working day)0
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