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Appealing Work Capability Assessment - ESA

I accompanied friend to ESA assessment.
He's just been told that his ESA will end 23 this month.
There are mistakes in the letter, such as 'he was able to drive himself and sit for 40mins', but I drove and he had to get up after 15 mins or so, also told the person he had haemorrhoids and cant sit for too long but wasn't noted.
It does say he will keep receiving payment until his appeal is heard,as long he appeals within 1 month.

If I help him appeal what would i need to put in the GL24 (the appeal letter). Its says he needs 15 points and has NIL POINTS. I hope to have the letter delivered on 20.08.12, will this be enough time? how long will it be after that before he hears something?
thanks in advance

Comments

  • ah, just found this:
    http://www. YOU tube.com /watch?v=2pNKg6diFh0

    still not sure what to out in the letter of appeal though.
  • Lots of people have haemorrhoids. It is painful but not disabling. I don't think it is worthy of note either.
  • Muttleythefrog
    Muttleythefrog Posts: 20,662 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry to hear this.

    What would I advise. First request by phone the evidence the DWP used to take the decision.. I'm assuming that hasn't been sent? If they had a face to face medical then an ESA85 ATOS medical report should exist.. otherwise probably an ESA85A ATOS report... request as appropriate as this is probably the basis of the DWP decision and therefore what you will effectively be challenging the opinion of.

    Appealling. Yes... should be done within the month in writing. A GL24 form can be used to do it or a letter can be written. I would make a case that you disagree with the decision of date x that they do not qualify for ESA... that descriptors a,b,c,d etc apply to him... and therefore he should be found to meet criteria for WRAG (15 points or more on WRAG descriptors) or Support Group (if he meets a support group descriptor.. or more than one). Explain why he meets these descriptors... try to get supporting medical evidence to affirm so. If you find he doesn't meet the criteria for WRAG or Support Group then appealling is probably a waste of time.

    While appealling he should be able to get assessment rate ESA.. he'll need to supply sicknotes continually to do so.

    When you appeal the DWP will first reconsider.. to see if can change decision. If they don;t then they'll send papers to tribunals service. Reconsideration could take weeks to 2 or 3 months... appeal may take many months to arrange after that. Whole process could take up to a year... in some cases more.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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