ESA Appeal Procedure

strangeotron

I have failed my WCA. This is not surprising. However I am trying to get into the WRAG because I (and the Work Programme who advised that I should be on ESA) feel that's the best path to go down. I have a GL24 form to make an appeal, but I'm not clear on the procedure. The DWP have told me that if I send the form back within one month my benefit will be reinstated until the appeal and any outcome thereof. I have some questions:

1. What is the appeal process? Is it just another decision maker looking at the same evidence (and likely therefore reachign the same conclusion)?

2. Can I send in the GL24 form now and then submit futher evidence later? I ask this because it's really difficult getting to see a doctor. I'm waiting on a CMHT assessment with a view to getting an appoinment for an aspergers/add diagnosis (which will likely take a lot longer than 1 month)?

So if I delay sending the GL24 form in until I can get more evidence then I risk running out of the £150 I have in the bank (it won't last given how dear everything is these days). Even if they say they reinstate and backdate the ESA to the time of the decision, I still don't know what happens regarding the appeal process. I could hear back the next day and be told 'no' again, or I could have to wait another 6 months (it's taken this long to get this far).

This uncertainty is by far the biggest problem with the system. The only saving grace is that Clause 99 of the Welfare Reform Act hasn't yet come into force (so I'm told) and I can claim ESA during an appeal. If anyone can help, I would be grateful. I can't afford to ring the DWP as I've just been hit with a £14 phone bill from last month so I don't dare pick up the receiver!

Torry_Quine

You need to send the from in as soon as you can and you can send information later.

Firstly the decision is reconsidered ie looked at again and then if still not eligible it would go for a tribunal. this can and does take many months, my tribunal is next week and the appeal went in last September!

TOBRUK

strangeotron wrote: »

I have failed my WCA. This is not surprising. However I am trying to get into the WRAG because I (and the Work Programme who advised that I should be on ESA) feel that's the best path to go down. I have a GL24 form to make an appeal, but I'm not clear on the procedure. The DWP have told me that if I send the form back within one month my benefit will be reinstated until the appeal and any outcome thereof. I have some questions:

1. What is the appeal process? Is it just another decision maker looking at the same evidence (and likely therefore reachign the same conclusion)?

2. Can I send in the GL24 form now and then submit futher evidence later? I ask this because it's really difficult getting to see a doctor. I'm waiting on a CMHT assessment with a view to getting an appoinment for an aspergers/add diagnosis (which will likely take a lot longer than 1 month)?

Hi strangeotron,Do I understand correctly, you applied for ESA and you have received a letter saying that you are not eligible for ESA? Have they placed you on 'job seekers'?

If they have declined your application for ESA you can ask them for a copy of the "MEDICAL REPORT" they have written based on your application they have used to come to their decision- I requested this by phoning them to ask for the report which they sent very quickly. This is very helpful as you can see exactly what they have written and any mistakes/discrepancies you can write in your appeal letter.

You MUST send them a letter of appeal within a month of the date on the letter they have sent you. I sent them a letter of appeal asking them for a reconsideration end of October 2012 and I received a reply in May 2013! It takes as long as it takes! In my case they overturned the original decision and found in my favour.

In answer to your first question, in my case - I wrote a letter requesting a reconsideration and wrote everything that was relevant and any evidence. As they did reconsider their original decision it is not true that they reach the same conclusion. You must however write the reasons in your appeal letter you disagree with their decision and back it up with any evidence.

If you need to send them a supporting letter from any health professional and unable to send it within the time allocated then you should tell them in the letter that further evidence will be sent to them as soon as it is available.

strangeotron

No, i've been told I failed the WCA. Consequently my ESA has been stopped. I need to know how the appeal process works and whether or not i can submit the appeal GL24 form now, so i can get money reinstated, before gathering data for the appeal.

Torry_Quine

strangeotron wrote: »

No, i've been told I failed the WCA. Consequently my ESA has been stopped. I need to know how the appeal process works and whether or not i can submit the appeal GL24 form now, so i can get money reinstated, before gathering data for the appeal.

As I said send in the form now and let them know you are appealling.

strangeotron

Ok thanks.

How do i send in evidence later? Just post it to the same address/Benefit Delivery Centre? Is there a format for this, or do they write back asking for that evidence when it comes to actually getting round to processing the appeal.

What a mess this all is, really.

Torry_Quine

strangeotron wrote: »

Ok thanks.

How do i send in evidence later? Just post it to the same address/Benefit Delivery Centre? Is there a format for this, or do they write back asking for that evidence when it comes to actually getting round to processing the appeal.

What a mess this all is, really.

They won't aks you for any further information.

You send it to the same place but make sure it's clearly marked with your details including NI number.

Do you have anyone helping you?

strangeotron

Not at the moment. I've filled in the form myself. It's only a small form so I can't see it influencing their decision much. I don't live near a CAB and I can't really wait until I can get the bus fare to get to one to have them fill it in. I shouldn't really need to have them fill it in anyway, I'm not claiming I can't write or use my arms or something.

Horseunderwater

Send in form GL24 now.
Obtain a new Fit note (Med 3) from your GP. It needs to be dated from the date of the decision. This is needed for any payments to continue on at assessment rate. Keep a copy of the fit note just in case it goes astray. You will need to keep getting them. Get one for 3 months as I think that is the longest that most GP's will issue one for. Make sure you get the next one in plenty of time, so that you can send it in and not need to wait for payments to start up again.
Obtain a copy of the WCA result form (called ESA50) and the statement of reasons as to why you did not pass the WCA.
You also need to relate your condition/illness/disability to the ESA descriptors and why you think you do qualify.
http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

strangeotron

Thanks.

I've just posted off the appeal. Hopefully that can at least get money reinstated. I know about the requirement for fit notes, so that's a separate issue for now (that can only be dealt with by my GP, when he's not on holiday!).

So what exactly is the appeal process? If i gather up more evidence or information, will they contact me to say 'we're about to hear your appeal, please submit all further evidence by this date'?

Or is it simply a case they hand over the GL24 to a different decision maker who just, as i imagine is most likely, agrees with the original decision and that's that? That can't take a year surely! I know they are busy but still.

It's the uncertainty I find to be the biggest failing of all. That they just stop your money instantly (and you of course only hear about it after the fact since they have to write to tell you this which takes longer) and you're left to figure out how to proceed, or claim JSA which I can't really face (part of my problem is I cannot cope with that place). Sometimes I think this is deliberate.

KxMx

The decision will be looked at by another decision maker. Then sent to the Appeals Tribunal service if no change.
You will be contacted at various points, ie "we haven't change our decision", get a big bundle of papers which DWP will also send to the Appeals service, then a date/time for your hearing etc.
Do get the ESA85 (ESA50 is the form applying for the benefit) and go through it line by line stating all the errors, omissions and contradictions. Send it in asap.
I would also recommend consulting your local CAB or DAB for help.
You can submit evidence at any time, asap is better, I believe you can even hand stuff to the panel on the day of your appeal hearing.
The reason they take so long (and I think a year honestly is the lower end of the waiting scale) is because of the sheer numbers of appeals now.