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ESA Appeal - Carers UK Forum

ESA Appeal

All about money
Im having difficulty getting through to careresUK advice line, so I wondered if anyone here knows the answer to a question. Hubby has been put on the works section of ESA and I want to appeal the decision, but because of the timing (letter got caught in the Christmas post and I received it Christmas eve) I dont have much of the month left and I have no evidence at the moment. So, the question is - can I appeal the decision and submit the evidence later, or do I have to submit all the evidence at the same time?

Hi Crocus,
Sorry, but I'm not sure, but I would send the letter, stating that evidence will follow, at least that way you will be within the time limit.
.... I've just had a look on the gov website, apparently you can phone them and ask them to look at the decision again, perhaps if you do this, you can explain that you will collect and send them the relevant evidence asap?
Best wishes Crocus, hope it gets sorted soon
Hi Crocus,
Sorry to hear of your predicament. Yes you can at least make an appeal as soon as, however you will need very strong evidence of your appeal to why your husband should stay on the ESA.
I didn't go down that road, however I rang for legal advice (free) and was told that the process could take up to 18 months to resolve and you would have to attend court sessions (the ESA payments would continue).
ATOS if that is who your husband had the assessment with has been brought in by the Government to get people off the benefits by saying they are fit for work. There was a documentary on Channel 4 last year and it was horrendous what they do and I knew that as soon as I was called to go for my assessment that I wouldn't pass and I didn't.
As long as your evidence shows that your husband can not do anything for himself. I am not joking they are very strict and I would get as much advice as you can.
The best of luck and I hope it goes well for you.
The other thing is once you have been through the appeal,if successful you will still have to go through the same thing again within a maximum of three years,although might only be one year.

Crocus, very best of luck with this.I don't know if it is the same as appealing DLA decisions,but the month with those applies from the date written on the letter from DWP,so perhaps you should check that too.
And make absolutely certain that you send it by either recorded or Special Delivery! After a problem with the tax office I now send all official documents by Special D to make sure they are not only signed for but arrive the next day, but it's expensive.
BowlingBun, it is worth looking at courier companies, depending on the weight of a letter it can work out cheaper to send it through a courier company(guaranteed signature),than through special delivery.
Also keep copies of everything you send.
Make a note of date, time and name of person you speak to when discussing any issues over the phone

Some info here

http://www.adviceguide.org.uk/england/b ... e_decision

http://www.dls.org.uk/Advice/Factsheet/ ... isions.pdf

http://www.direct.gov.uk/prod_consum_dg ... 201702.pdf

Contact CarersLIne or nearest welfare rights service too.

Oh God, this sounds awful
I dont know if I can really do this Image
You CAN do it Crocus, you are so much stronger than you know.