ESA appeal payments

uk20122

Hello All, I am a new member to this forum. I am appealing against my employment support allowance decision. I did not think the ATOS examanation was a fair reflection of what exactly happened.
Anyhow, i handed my gl24 form stating i want to continue to be paid the ESA rate and also i sent a sicknote from my Doctor.

I got a letter back from the DWP saying "they look at the decision again" now i assume from this i will still get paid while the appeal process take's place? Or, do you think i should ring the DWP and ask them because i received no letter in regards to payment?

Muttleythefrog

If you supplied a sicknote then they should pay you the assessment rate of ESA. If payments don't materialise then I would contact them.

Their letter is just to acknowledge that they're carrying out a reconsideration (could take a couple of weeks to several months!) of their decision.. something they do automatically if you make an appeal request. If they don't change their decision then they'll forward the paperwork to tribunals service who will be in touch with you thereafter. Generally speaking ESA admin at DWP is shockingly bad... beyond belief often... you've done well to receive the letter you have in all honesty..lol. So I would probably save the cost of the call and assume payments will resume... you've asked them to do that and sent the document necessary... and they've definitely received.

Focus on the descriptors in your appeal... don't get too distracted by the medical report which I'm sure like many will be well wide of reality. Try to get any supporting medical evidence in to the process if you can.... closer it gives opinion in relation to descriptors applying in your case the better.

uk20122

Thanks Mutley for your advice. Helped me alot!!! This is my first appeal any advice or tips on the do's and dont's in regards to making an appeal?

rogerblack

http://www.youtube.com/watch?v=tbWXG6Ho4i8
Turn up at the appeal, and provide any extra evidence you can first.

Muttleythefrog

uk20122 wrote: »

Thanks Mutley for your advice. Helped me alot!!! This is my first appeal any advice or tips on the do's and dont's in regards to making an appeal?

Cannot stress enough to focus on the descriptors... they are all that counts... so your argument and your evidence should be targetted towards those... make a list of the ones that apply to you. If you've got a helpful HCP... GP perhaps.. then they may be prepared to write something as evidence for you. But if there is someone prepared to do this then again.. give them strong indication of the descriptors in question as they could end up writing something totally unhelpful or irrelevant.

Expect a couple of months for this reconsideration. After that a few months for appeal... request an oral hearing when prompted by the tribunals service and attend... attending or being represented there improves statistical chances of success notably. If you end up at tribunal, this is a useful video to watch... it's made by the ministry of justice. http://www.youtube.com/watch?v=tbWXG6Ho4i8

This is a convenient link for the descriptors.
http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html