Changes to Appeal System for ESA as of April 2013

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Changes to Appeal System for ESA as of April 2013

Postby MCT » Thu Mar 01, 2012 5:15 pm

As of April 2013 there will be no ESA for claimants who want to appeal! When the Universal Credit and Personal Independence Payments come into force they will automatically be under these new regulations.


Under a clause in the welfare reform bill currently going through parliament, Employment and Support Allowance claimants who want to appeal against a decision they are capable of work will be forced to either claim Job Seekers Allowance or go without benefits, possibly for many months. Under the new rules, which are intended to be effective from April 2013, those claimants who wish to challenge a benefits decision – including ESA and DLA decisions - will no longer be allowed to choose to lodge an appeal immediately.

Currently, claimants who are found fit for work can continue to receive ESA at the assessment rate by immediately lodging an appeal if they think the decision is wrong. ESA will then remain in payment until the appeal is decided. Instead, there will be a mandatory revision stage during which a different DWP decision maker will consider the evidence and, if necessary send for more information, before deciding whether to change the decision. There is currently no time limit for the Department to complete the reconsideration of a decision. Decisions made and reconsidered by Decision Makers can vary considerably in complexity so this activity is not considered suitable for a generic time limit.

Clause 100 of the Welfare Reform Bill as introduced enables regulations to be made to require claimants and other persons who disagree with a decision to request consideration of revision before they may appeal against a decision.

Subject to Parliamentary approval, the Department for Work and Pensions has planned how the powers provided for in the Bill may be implemented and has drafted regulations that would support these plans.

This consultation paper sets out the Department’s plan to implement the measure for existing benefits and invites comments on issues relevant to the implementation plans and comments on the draft regulations.

The new benefits provided for in the Bill, Universal Credit (UC) and Personal Independent Payment (PIP), will include the measure from outset. The measure will be applied to these benefits (UC and PIP) following the same principles as existing benefits, as described in this document.


The government is already consulting on whether these already harsh changes to the appeals procedure are going far enough!

These regulations are to be in place in time for the new benefits coming in so this is going to affect EVERYONE who either claims ESA, JSA, DLA now or may need to in the future so once again I urge everyone to please give a little of your time to respond to this consultation paper- responses need to be in for 4 May 2012.

The questions being asked in the consultation http://www.dwp.gov.uk/consultations/201 ... tion.shtml are:

1. Please give us your views on how the decision making and appeals standards can be further improved.

2. Do the proposed changes go far enough in order to deliver a fair and efficient process?

3. Please give us your views on whether the draft regulations (Annex C) meet the intention as described in the summary section of this consultation document.

4. Please let us have any specific comments about the draft regulations that you would like us to consider.

Benefits and Work are suggesting that question 2 is used to raise the issues above, on the basis that the process will not be fair unless it is time-limited and unless ESA claimants can continue in the assessment phase. You don't have to answer all the questions you can choose to answer just one question if you wish.

Please send your responses, preferably by email to –

appeals.reform@dwp.gsi.gov.uk

Appeals Reform Consultation
Decision Making and Appeals – Legal Group
Department for Work and Pensions
5th Floor
The Adelphi
1-11 John Adam Street
London
WC2N 6HT
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Re: Changes to Appeal System for ESA as of April 2013

Postby miller » Wed Apr 25, 2012 2:57 am

oh my goodness is anyone else scratching there heads and wondering what do we do now ,i have spent so much time and money on calls over the last few days in between taking to my bed for hours on end . i dont know what to do anymore its all geting a bit too much, living in massive pain 24 /7 is hard enough ,trying to get my head around it all is not happening , if only they knew how desperate some of us are , i have just told my partner of almost 30 years i would rather have a terminal illness and without upsetting people at least there would be some end to all this , i am in so much pain and turmoil all the time , i could be like this for another 30 years it doesnt bear thinking about x
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Re: Changes to Appeal System for ESA as of April 2013

Postby huggy69 » Fri Apr 27, 2012 1:49 pm

Why do they have to keep changing it all! !! i go to appeal 9th may. The whole thing has nade me feel ten tines worse and got a gut feeling they wont change the decision
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Re: Changes to Appeal System for ESA as of April 2013

Postby marianne p » Thu Mar 07, 2013 5:53 pm

help,i am appealing against being put in wrag group esa to moved to support group?? just been told by atos i have to have medical on 2nd april! am worried i might fail even though i have got worse,i have a lot of stress going on as i have to go to court 22nd march to do with my children in long term foster care.marianne p.
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Re: Changes to Appeal System for ESA as of April 2013

Postby denys » Thu Mar 07, 2013 6:00 pm

Try not to stress too much marianne as it wont help your situation regarding your children, make sure you take someone with you for the medical so that you have a second pair of ears and eyes :fingerscrossed: things start to get sorted out for you
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Re: Changes to Appeal System for ESA as of April 2013

Postby *Lisa* » Fri Mar 08, 2013 4:43 pm

There is lots of information accross the boards on the medicals, theres a search bar top of the page, put in what you want to know and it should bring up lots of info. If you struggle to find anything let us know as i myself have put lots of advice up and should be around somewhere :crazy: :crazy:
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: Changes to Appeal System for ESA as of April 2013

Postby BlindLawyer » Sat Mar 16, 2013 10:31 am

marianne p wrote:help,i am appealing against being put in wrag group esa to moved to support group?? just been told by atos i have to have medical on 2nd april! am worried i might fail even though i have got worse,i have a lot of stress going on as i have to go to court 22nd march to do with my children in long term foster care.marianne p.


You can submit items before your assessment meaning you don't often have to go check out my Facebook page for fibro and benegit law news www.facebook.com/disabilityclaimmanagement or visit the site to get free newsletter law updates my site is www.dcmclaims.com/benefits
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Re: Changes to Appeal System for ESA as of April 2013

Postby sweetie pie » Tue Mar 26, 2013 9:31 pm

Its not long until 2nd april but you should have asked them 2 have a pro doctor that knows all about fibro or a pro rheumatologist,as the nurses and doctors you have there dont no anything about fibro,so they cant assess you,we all know its REAL as we deal with it 24/7,this illness has taken our lifes away from us and that is a very big thing ,plus chronic PAIN is not like normal pains and aches,so stand your ground, :nono: dont take any crap xox
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