Employment Support Allowance - should you appeal or ask to reconsider

wilmist

I have been placed in the work group instead of the support group for employment and support allowance since moving off incapacity benefit with no medical taking place.

I would like to appeal, should I ask them to reconsider first before I appeal or are they likely to not change their original decision.

If I do ask them to reconsider their decision and they wont change can I still appeal?

Muttleythefrog

If you appeal then they will carry out a reconsideration automatically (unless one has been previously requested and done) before contacting the tribunals service. Therefore it is rarely advised to ask for a reconsideration. If you did ask them to reconsider then yes you could appeal afterwards. Reconsiderations are often successful where additional evidence is supplied... there appears to be some pressure on the DWP to prevent the large numbers of appeals that are successful so they are more proactively reconsidering it would appear.

If you do appeal, focus on the support group descriptor(s) that you feel apply to you.. only they will determine whether you qualify or not. Try to get directly supportive medical evidence. I would advise you contact the DWP and ask for a copy of the ESA85A ATOS report (and any other evidence they used... there could potentially be a GP completed form ESA113 for example) which should exist as the key advice to the DWP upon which they will have made their decision.

You can appeal in writing or using GL24 form which you can get a copy of online if necessary. http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_201702.pdf

rogerblack

You can appeal after a reconsideration.
There is little reason to ask for a reconsideration, not an appeal, as a reconsideration is performed first.
First thing to do is to request a statement of reasons for the decision - this extends the deadline at least 14 days, and then consider what additional evidence you can supply.

broad-sword_2

Do not worry too much about the one month time limit to appeal. Pretty much evey late appeal is accepted these days unless it is outside the absolute 13 month rule. If you are late, add an explanation. otherwise DWP may (should) write to you for a reason.

broad-sword_2

By the way, it sounds like your case was assessed on the evidence held, eg the ESA50 Questionnaire, whatever else you sent in and possbily the previous IB medical report (completely different set of regs but it happens). The more evidence you provide the stronger your case as there is very little for DWP to put forward in this case.