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Thread: Too late to appeal?

  1. #1

    Too late to appeal?

    Hi everybody,
    This is my 1st. post,so hope I dont make any mistakes.I am looking for advice on behalf of my wife.She recently migrated to cb esa on 13/12/12,no medical involved.The letter informing her of the change was dated 22/11/12[received 27/11/12.]The letter also informed that she was being put in the wrag group. Due to my wife going into hospital for an operation and work commitments,the dwp offices closing for the holidays, and not fully understanding the implications of the aforementioned letter,i do now,thanks to this excellant forum.i now think i should have appealed the decision to place my wife in the wrag group instead of the support group.Is it too late to appeal?.
    She has now received letter about work focused interview on 15/1/13[now postponed due do Hospital operation ].Can the staff at local dwp office move a person,after an interview, to another group?.
    Tried to keep this as short as possible,thanks for any advice.
    ps wife has acute spondylitis of upper spine,is this grounds by itself for being placed in the support group?.

  2. #2
    davewhit
    Guest
    Quote Originally Posted by Norrie View Post
    Hi everybody,
    This is my 1st. post,so hope I dont make any mistakes.I am looking for advice on behalf of my wife.She recently migrated to cb esa on 13/12/12,no medical involved.The letter informing her of the change was dated 22/11/12[received 27/11/12.]The letter also informed that she was being put in the wrag group. Due to my wife going into hospital for an operation and work commitments,the dwp offices closing for the holidays, and not fully understanding the implications of the aforementioned letter,i do now,thanks to this excellant forum.i now think i should have appealed the decision to place my wife in the wrag group instead of the support group.Is it too late to appeal?.
    She has now received letter about work focused interview on 15/1/13[now postponed due do Hospital operation ].Can the staff at local dwp office move a person,after an interview, to another group?.
    Tried to keep this as short as possible,thanks for any advice.
    ps wife has acute spondylitis of upper spine,is this grounds by itself for being placed in the support group?.
    you have a good chance of being allowed late appeal, you need expert advice as to your wifes case for support group..

    being acute means rapid onset........so you might not yet have enough evidance to put a strong case for support group imo

  3. #3
    Hi Norrie, from a personal experience you will be pleased to hear that, so long as you have a good enough reason as to why you left it too late, you can still appeal. they may take longer to process it but, so long as they accept your reason, you will still be eligible to appeal

    take my case, many years ago i was awarded zero points and my benefits was stopped but i didnt know that you could appeal cos i was relatively new to being on IB so i just said "oh well i guess that is that then" and let the months go by until i finally plucked up the courage to tell my parents that my benefits were stopped. they were angry that i left it a while to tell them and told me to appeal but to also expect that they were likely to reject my appeal. when i first made the appeal i was asked why i was appealing so late and i told them that i genuinely didnt know about the appeal process but exaggerated it a bit and said it was because of my mental illness that i was oblivious to it. dont think that was a total exaggeration to be honest as my depression does make me forgetful and not care about anything until its too late!

    so still try Norrie, i'd suggest saying something like the whole process and stress involved with your wife being in hospital made you forget to put in your appeal, something like that. go into detail and stress that you forgot for a genuine reason.

    as for whether your wife will make it into the support group, does she fit one of the descriptors? i'm guessing with problems to the upper spine she may have difficulty reaching? that is one of the main criterias for SG, if you cant raise your arms or bend without difficulty then you should be placed in SG.

  4. #4
    Quote Originally Posted by davewhit View Post
    you have a good chance of being allowed late appeal, you need expert advice as to your wifes case for support group..

    being acute means rapid onset........so you might not yet have enough evidance to put a strong case for support group imo
    Thanks for quick reply,wife has had this disability for 10yrs approx.has home traction apparatus which is occaisonally used when pain gets too bad.Surgeon does not want to operate due to proximity of spinal cord.If wife lifts arms above chest height,sometimes they lock in that position for varying lengths of time.Reduced gripping power also.The simplist of upper body movements trigger excruciating pain or worse.
    eg trying to comb her hair has resulted her arm locking up.By "expert advice",do you mean her own gp or consultant?.

  5. #5
    Quote Originally Posted by help_me View Post
    Hi Norrie, from a personal experience you will be pleased to hear that, so long as you have a good enough reason as to why you left it too late, you can still appeal. they may take longer to process it but, so long as they accept your reason, you will still be eligible to appeal

    take my case, many years ago i was awarded zero points and my benefits was stopped but i didnt know that you could appeal cos i was relatively new to being on IB so i just said "oh well i guess that is that then" and let the months go by until i finally plucked up the courage to tell my parents that my benefits were stopped. they were angry that i left it a while to tell them and told me to appeal but to also expect that they were likely to reject my appeal. when i first made the appeal i was asked why i was appealing so late and i told them that i genuinely didnt know about the appeal process but exaggerated it a bit and said it was because of my mental illness that i was oblivious to it. dont think that was a total exaggeration to be honest as my depression does make me forgetful and not care about anything until its too late!

    so still try Norrie, i'd suggest saying something like the whole process and stress involved with your wife being in hospital made you forget to put in your appeal, something like that. go into detail and stress that you forgot for a genuine reason.

    as for whether your wife will make it into the support group, does she fit one of the descriptors? i'm guessing with problems to the upper spine she may have difficulty reaching? that is one of the main criterias for SG, if you cant raise your arms or bend without difficulty then you should be placed in SG.
    Thanks for the advice.I thought maybe I had let things sit too long.Do I send in form gl24 right away or should I phone local dwp office.
    btw,when you appeal a decision,does this freeze your existing benefits pending the appeal outcome.My wife migrated straight on to cb esa without any medicals or interviews or reduced benefits.Can their decisions be reversed as a result of an appeal?.

  6. #6
    davewhit
    Guest
    Quote Originally Posted by Norrie View Post
    Thanks for quick reply,wife has had this disability for 10yrs approx.has home traction apparatus which is occaisonally used when pain gets too bad.Surgeon does not want to operate due to proximity of spinal cord.If wife lifts arms above chest height,sometimes they lock in that position for varying lengths of time.Reduced gripping power also.The simplist of upper body movements trigger excruciating pain or worse.
    eg trying to comb her hair has resulted her arm locking up.By "expert advice",do you mean her own gp or consultant?.
    your wife is now chronic imo no loger acute

  7. #7
    No you can send it in straightaway, dont need to contact the DWP for anything however if you'd like a little advice then you can try contacting CAB or a welfare advisor. I mean i contacted my welfare advisor when appealing and she didnt do much except state the obvious (as in make sure you are specific, include certain details etc) she didnt actually help me fill it out but if you would like someone to help you fill it out then like i said you can call/visit your local CAB officer or welfare advisor. although i personally think everyone has the means to do it themselves.

    and theres no reason as to why they should stop your payments, in fact legally they cant unless you've failed an assessment which deemed you fit for work. if you're getting an income then you should continue to receive it. just to be safe you can stress in your appeal form that you dont want your income to get affected in any way whilst waiting. good luck!

  8. #8
    Hi norrie,
    I have to say that yes an appeal could result in the award being changed because it's all a bit of a lottery.
    As bad as your wifes condition is they have decided that some form of work is possible. If you feel that this is totally impossible for her then it is up to you to show that this is the case.
    A friend of mine with the same problem and only use of one arm with severe restricted movement was placed in wrag also. If you can sit for more than half an hour and/or have use of your hands then you will be classed as fit for some form of work.
    Your appeal should be precise in how your wifes condition affects her abilities in ALL areas and as has been said get as much documentation to back up that claim.

  9. #9

    Too late to appeal

    Thanks to all who replied with advice.

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