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Thread: Support Group Appeal

  1. #1

    Support Group Appeal

    First off hi to everyone on this forum. I need a little advice on my situation if anyone is kind to advise. Last December I failed a Atos medical got 9 point so I put in a appeal and my case never went to tribunal but go reconsidered into my favur or work group in March this year. I should of appealed the reconsideration but never. Am I still ok to appeal this as it never went to tribunal ?

    Thanks

  2. #2
    davewhit
    Guest
    Quote Originally Posted by philipcooper View Post
    First off hi to everyone on this forum. I need a little advice on my situation if anyone is kind to advise. Last December I failed a Atos medical got 9 point so I put in a appeal and my case never went to tribunal but go reconsidered into my favur or work group in March this year. I should of appealed the reconsideration but never. Am I still ok to appeal this as it never went to tribunal ?

    Thanks
    appeal within 28 days could do a late one if you have good reason

    if your after support just to keep payment going after 12 months because esa cb is running out that wont work

  3. #3
    My ESA is CB and will run out but this is not why I never put appeal in I just never had it in me to appeal again so just wanted a break. So is it a definetely no as someone advised me as it was not a appeal you get 13 months to appeal a reconsideration ?

  4. #4
    davewhit
    Guest
    Quote Originally Posted by philipcooper View Post
    My ESA is CB and will run out but this is not why I never put appeal in I just never had it in me to appeal again so just wanted a break. So is it a definetely no as someone advised me as it was not a appeal you get 13 months to appeal a reconsideration ?
    i dont think you do get 13 months.......at this stage all you can do IF your worse is ask for a supersession.... you need to supply new evidance seek expert advise too............late appeals need very good reasons and from what you have posted your not going to get one

    an appeal not that you can would and question your timing

  5. #5
    I see, is there a way to find out i you get 13 months as I thought this was the case, even the DWP sent me form when I told them but still do not know if this is the right information.?

    Also I have never had a work related interview as to this date. I am sure the reconsideration letter which I cannot find said it placed me in the work group but as said have never had a work related interview. Is it possible to be in the work group and not get called in the first 12 months for a work related interview ?
    Last edited by philipcooper; 19-11-12 at 21:12.

  6. #6
    Senior Member
    Join Date
    May 2012
    Posts
    1,465
    Late appeals
    06070 Where an appeal is made outside normal time limits, it must include the reason why it is late1. If it does not then the DM will need to request this information. No appeal can be made more than 12 months after the normal time limits2. An appeal can be treated as made in time if the Secretary of State is satisfied that it is in the interests of justice to do so3 (See DMG 06073 for meaning of “in the interest of justice”). If the Secretary of State does not object to the appeal being treated as made in time then they should reconsider the decision and if appropriate lapse the appeal. In practice, a late appeal will be accepted unless the Secretary of State objects.

  7. #7
    vikstar
    Guest
    Quote Originally Posted by philipcooper View Post
    First off hi to everyone on this forum. I need a little advice on my situation if anyone is kind to advise. Last December I failed a Atos medical got 9 point so I put in a appeal and my case never went to tribunal but go reconsidered into my favur or work group in March this year. I should of appealed the reconsideration but never. Am I still ok to appeal this as it never went to tribunal ?

    Thanks
    Page 10 of GL24 Appeals Form which can be downloaded from the link on this post, http://www.youreable.com/forums/show...ll=1#post20793

  8. #8
    Thanks for that so I have to have good reason and give details. IS there a way to see if I am in support group as I have not had a work related interview at all and my reconsideration was in March ?

  9. #9
    Senior Member
    Join Date
    Apr 2012
    Posts
    801
    CB ESA Support Group payment is typically in the most simplsitic of cases around £105 for single claim and £99 for CB ESA WRAG. If that doesn't make things any clearer (as other things can sometimes affect hte amount ) then a quick call to DWP can confirm what group you're in.

  10. #10
    doberg
    Guest
    Quote Originally Posted by philipcooper View Post
    Thanks for that so I have to have good reason and give details. IS there a way to see if I am in support group as I have not had a work related interview at all and my reconsideration was in March ?
    You would have had a letter from the DWP back in March when they reconsidered their original decision. It would have told you what group you were to be put in and the amount of money that you would receive.

    As for the Support Group if you are in the Work Group, you will have to be sure that you meet at least one of the Support Group descriptors. If you do, and you are in the Work Group at the moment, you have 13 months from the date of that letter mentioned above to put in an appeal. As others have said, you will have to have a damn good reason for it being a late appeal.

    However, and it is doubtful if this affects you, but if the DWP don't follow the regulations to the letter (decision making), there could possibly be no time limit when an appeal can be sent in!

    I am arguing at the moment that because of an irregularity in the decision making process (in this case the decision notification letter was sent to the wrong address), the decision made in June 2004 has no legal basis. I have already proved (in 2011) and the DWP have accepted that the decision was wrong. A formal letter has been issued by the DWP that benefit was in fact due from 2004, but because of the backdating rules (max 3 months) the money cannot be paid.
    The amount involved is well in excess of £20,000!!!!
    So the appeal I lodged this week relates to the (as yet unseen) decision notice that was made in June 2004.
    Last edited by doberg; 20-11-12 at 09:47.

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