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ESA CLAIM turned DOWN

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7 years 4 months ago #172852 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN

SandR wrote: Hi
I am in the process of completing the SSCS1 form and have a question. In section 5, which asks for the reasons for appealing. Do I include a brief summary of why I am appealing for each point and then include more detailed information for each point after I receive the appeal bundle or do I provide detailed information with the SSCS1? I am a little confused by the guides (probably me, not the guides, I am not concentrating very well at the moment)

Also, my claim is ESA CB which is only payable for 365 days. As I will be requesting that ESA assessment rate be reinstated whilst waiting for my appeal, will the time I have been claiming JSA be included in this? If yes, will my ESA CB assessment rate end approx. May 2017 even if my appeal has not been heard by then?. I am not entitled to ESA IB as my husband works full time and I receive an NHS ill health retirement pension (which doesn't affect my ESA but does affect my JSA).
Thank you.


It's up to you but I would provide basic reasons for the appeal now and more detailed ones once you receive the DWP's submission, although I would not wait for this to arrive to start preparing your case.

Your time on JSA will not be counted but I am worried that you say your NHS pension does not effect your ESA but does your JSA, the rules for pensions with ESA and JSA are substantially the same so you should check that this is correct.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #172863 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi Gordon

Thank you for your reply.

I was so worried about making sure my claim was right, I checked the pension rules when I made my claims. I cannot remember the exact figure for ESA CB but I am just within the limits for it not to affect my ESA. For JSA the figure is lower. JC+ disregard the first £50 of pension and deduct anything above this from JSA. The lengths they go to stop you receiving any money lol!!

I shall submit basic info with my SSCS1 form and send additional info when I receive the DWP bundle. This means that I can send the form off quickly. I shall take your advice regarding starting my preparation for my submission asap. My sincere apologies for asking this question again, I only realised that Mrs Hurtyback had answered this in one of my earlier posts after I had hit the submit button..

If it's of any interest. I did challenge some inaccuracies in the report, which related to my functional ability, The MR notice notes 'the report is not a detailed record of what was discussed at the interview. Instead the report reflects the ...... Health Care Professionals opinion of your functional ability. .... I am happy with the accuracy and integrity of their report'.
Further in the report which deals with my opinion of my functional ability the MR notice notes that ' their (HCP) role is to prepare a report based on their clinical assessment....., it will not be a restatement of opinions given by you at the assessment. They have no interest in reporting the assessment inaccurately'.
Clearly opinions (not facts about my condition) of the HCP are considered relevant but not evidence and opinions (statements) about my condition provided by me are not! Talk about double standards. (Definitely my opinion!)
SandR

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7 years 4 months ago #172866 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN
SandR

It's £85/week for ESA.

Just wanted to check :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #172884 by James45
Replied by James45 on topic ESA CLAIM turned DOWN

SandR wrote: Also, my claim is ESA CB which is only payable for 365 days..

ESA CB Work Related Group is time restricted to 365 days. ESA CB Support Group is indefinate.

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7 years 4 months ago #172898 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
A thought-I do have them occasionally. Today, I had a conversation with a friend which has left me totally confused but wondering about the following. My friend used to be a volunteer welfare rights officer.

Is it better to appeal the 'fit to work' decision and hope that I win my appeal or to send a new 'fit note' on the grounds that my OA has deteriorated quite dramatically (it has), since the first assessment, and reclaim at the assessment rate whilst waiting for a new assessment. If a second assessment and MR resulted in the same 'fit for work' decision would I be paid at the assessment rate whilst waiting to appeal?

Many thanks

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7 years 4 months ago - 7 years 4 months ago #172912 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN
SandR

It's not quite that simple, you would need to show that the deterioration had occurred since the Decision that you are considering appealing and would require medical evidence to support it, also, payment of the Assessment rate on any new claim would be at the discretion of a Decision Maker who may not even allow the claim.

Making a new claim does not preclude you from continuing with an appeal, although any Decision that resulted from that new claim would supersede any Tribunal Decision in the long term.

If you had to appeal a second Fit for Work Decision (in a row) then you would not be entitled to the Assessment rate during appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by Gordon.
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