Is telling DWP that I want to appeal enough?

A.Penny.Saved

I've spoken to the Citizens Advice Bureau on the phone and I was told that I can ask DWP to continue my ESA claim and start assessment rate payments by telling them that I wish to appeal. I don't think that this is correct. Surely, the DWP will not restart this without receiving the GL24 appeals form? They are not going to take my word for it over the phone and continue paying me after my ESA claim was stopped due to insufficient points earned?

Visiting CAB would be a good idea, but that is going to delay things another two days. They are closed tomorrow and I cannot get there today at this time due to other things which cannot be re-arranged.

I have no income ATM and council tax and other bills will be asking for payment and I would like that all settled by some income support.

I have a BT phone line package, BT Basic which could be affected by my ESA being stopped and I don't want the normal BT phone package trebling my phone line payment. Does anyone know about how benefit stoppages affect BT Basic? I seem to remember seeing something about any changes to benefits automatically preventing re-application for BT Basic for a period of time or something like that. Does anyone know the score?

I'm eager to qualify for some benefit, even if it's temporarily lower than the full ESA amount just to first, stop BT from cancelling BT Basic which saves a significantly amount and to stop being chased for council tax etc. I am fairly certain that a re-decision will be enough because Atos falsified the ESA85 medical report and omitted lots of supporting evidence to purposely disqualify me. DWP delaying sending me a copy of ESA85 for close to a month in order to prevent me from getting any supporting evidence in time to show that Atos falsified the report. I was close to getting evidence but not close enough unfortunately, I would of been able to do it if DWP had sent the ESA85 when I asked for it.

This is after the previous ESA50 got me passed without even a medical because the evidence was so conclusive. My health has not changed since then!

Any advice, gratefully received.

HB58

You don't have to submit the GL24, but you do have to request an appeal in writing (I think). Make it cear that it is an appeal, not a request for reconsideration otherwise you will not get paid. You will also need to submit 'fit notes' (sick note, med3) until the appeal is heard - which could be upwards of 12 months in some areas.

Muttleythefrog

As above... appeal... in writing or using GL24 form (http://www.dwp.gov.uk/docs/gl24dwp.pdf). Do it ASAP if you are pushing the limit of the month you'll get from being notified of the decision. You can always state in the letter or form that you will be sending further details of your appeal case (beyond the basic requirements of appeal request) in due course once you've been able to study the evidence (they've failed to supply you in reasonable time) and consult advisors (or similar). But forget reconsideration (or re-decision as you call it)... they'll conduct one anyway if you appeal. You can always send in further evidence or details thereafter... obviously the sooner the better as delays risk they'll reconsider without such. You could consult CAB or the like after getting appeal request in if time is issue. Make sure you keep a copy of what you send... or originals in the case of precious evidence from 3rd parties.

Regarding the BT issue... if you can get your ESA restored (as per above post) then presumably it's a non issue... try to get sicknote to cover you from the date your ESA stops(stopped).

rogerblack

Muttleythefrog wrote: »

As above... appeal... in writing or using GL24 form. Do it ASAP as you may be pushing the limit of the month.

If you are sending in an appeal, and are close to the limit, then ring up, and request a 'written statement of reasons'.
This will extend the period until you have to get the appeal in by at least 2 weeks.
Make sure this is _not_ the medical report tehy are sending you, that will not extend the time period.

dseventy

What condition are you claiming ESA for?

D70

epitome

If you appeal in a letter, not a GL24, you should say

What benefit you are appealing i,e, ESA
What decision you are appealing against i.e. "the decision to find that I have no Limited Capacity for Work" and preferably the date of the letter informing you of that decision
Why you think that decision was wrong.

If you don't do this you may find your appeal returned to you as invalid. easier to use a GL24 which should be included in your envelope but most of the time they are not included, if it is not included you can download one, or get it from a jobcentre. Or you can ask for one to be posted to you (it could take a week to arrive -if at all-) if this cause your submission to be late be sure to include this as a reason it was late.

A.Penny.Saved

Muttleythefrog wrote: »

As above... appeal... in writing or using GL24 form (http://www.dwp.gov.uk/docs/gl24dwp.pdf). Do it ASAP if you are pushing the limit of the month you'll get from being notified of the decision. You can always state in the letter or form that you will be sending further details of your appeal case (beyond the basic requirements of appeal request) in due course once you've been able to study the evidence (they've failed to supply you in reasonable time) and consult advisors (or similar). But forget reconsideration (or re-decision as you call it)... they'll conduct one anyway if you appeal. You can always send in further evidence or details thereafter...

I have studied the Esa85, it's what prompted me to arrange to see my GP and the hospital doctors to get some written evidence from them but you probably know how long it can take to get to see a doctor when you need to. I was trying to get the evidence to forward to the DWP decision makers before they made a decision but due to the long delay in sending me the Esa85, I could not complete it in time. I do have some time left so it's probably not essential that I send the appeal immediately, I think I will wait until I have spoken to CAB on Wednesday. I will still have some time left to submit everything.

My Bt basic should be okay (see below), it's just any demands for council tax that could arrive while this is all being sorted out. Under what conditions would the Esa be back dated to when it ended? Would a reconsideration do that? How about an appeal or is Esa only valid from the time they receive the appeal request and then any backdating is done if the appeal is successful?

obviously the sooner the better as delays risk they'll reconsider without such. You could consult CAB or the like after getting appeal request in if time is issue. Make sure you keep a copy of what you send... or originals in the case of precious evidence from 3rd parties.

That is my concern about the reconsideration. How the person interpreted the phone call and whether a reconsideration has been setup without me being made aware of it. None of what she said was all that clear and I didn't make a recording of the call like I should of done and did with the call to the benefits delivery service the day before.
I will see if I can find out about it and tell them that I require additional time to submit evidence. That should stop them making any quick decision.

Regarding the BT issue... if you can get your ESA restored (as per above post) then presumably it's a non issue... try to get sicknote to cover you from the date your ESA stops(stopped).

Yes, I have realised after checking my BT account that it won't come up for any review until my next bill which is close to a month away. Therefore that is not in any immediate danger and providing everything works out okay I should be able to make sure that is safeguarded. Having to up payments x3 for a phone line wasn't something that I wanted, especially as I believe there are some conditions if benefit stops preventing any re-application for Bt basic for a lengthy time. I do have a long sick note from my GP which should cover me until any appeal is completed.

rogerblack wrote: »

If you are sending in an appeal, and are close to the limit, then ring up, and request a 'written statement of reasons'.
This will extend the period until you have to get the appeal in by at least 2 weeks.
Make sure this is _not_ the medical report tehy are sending you, that will not extend the time period.

This is something that they seem to have carefully planned! They sent me a written statement even though I never requested it. It is dated the same day as the decision and turned up either the same day or the day after. Couple that with the long delay for them sending the Esa85, them knowing that I passed the first ESA without a problem, not even requiring a medical and it seems like they are doing everything they can possibly do to prevent me from challenging the decision. They already succeeded in making the decision before I could arrange to see doctors to get the needed evidence to challenge the false info that Atos gave and now they have removed the possibility of extending the deadline. Am I just being paranoid or overly suspicious or is what they have done normal? Delaying the ESA85 for nearly a month, sending the decision makers reasons without me requesting them and being as unclear as they could be when they spoke to me?

dseventy wrote: »

What condition are you claiming ESA for?

D70

Sorry but I don't think I should say because it could reveal information that might prejudice my case.

A.Penny.Saved

epitome wrote: »

If you appeal in a letter, not a GL24, you should say

What benefit you are appealing i,e, ESA
What decision you are appealing against i.e. "the decision to find that I have no Limited Capacity for Work" and preferably the date of the letter informing you of that decision
Why you think that decision was wrong.

If you don't do this you may find your appeal returned to you as invalid. easier to use a GL24 which should be included in your envelope but most of the time they are not included, if it is not included you can download one, or get it from a jobcentre. Or you can ask for one to be posted to you (it could take a week to arrive -if at all-) if this cause your submission to be late be sure to include this as a reason it was late.

They did send me GL24, I think that I will compile what I believe should be in it onto some paper and take it to CAB for them to review before filling in the GL24.

Muttleythefrog

Penny. Backdating would occur if you were to later be found eligible for WRAG or Support Group by either DWP in reconsideration or an appeals tribunal. As it's not a new claim then backdating would occur to where your payments were stopped/lowered... the decision of a reconsideration or appeals tribunal in effect replaces the original decision of that time.

Agree with regards call to DWP.. quite frankly they seem so incompetent at handling enquiries that they may indeed have accepted a reconsideration request... but they may have not... I would operate on the basis that they probably haven't but mention it to CAB as a possibility. If you call them and they haven't accepted a reconsideration request them for goodness sake don't request one. Forget asking for reconsideration unless CAB advise you differently for good reason... reconsideration will be done automatically if you appeal. And while under cover of appealing you could get assessment rate ESA with sicknotes... but not when asking for a reconsideration.

Regarding your point to roger... yes.. I don't think there's anything sinister at play... just inconsistency of service. DWP admin of ESA is shocking... you waited a long time for the ESA85.. some people get it within days.. you got a statement of reasons it seems and sometimes the DWP say no such thing exists... sometimes they don't even know what one is. It does though sound like you're in a good situation for CAB appointment... paperwork-wise.. got the key evidence probably used for decision and got the SOR. I'd take to appointment any potentially supportive medical evidence paperwork and any details or reports regarding previous WCAs where you were found to qualify for ESA (it's likely that at last assessment an ATOS report ESA85A at least was created in light on no face to face medical.. but I've a feeling you won't have it).