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TOPIC: esa appeal

esa appeal 1 month 1 day ago #173238

  • Gordon
  • OFFLINE
  • Forum Moderator
Lyn Davis wrote:
because of my husbands income i was unable to get universal credit when they stopped my esa, so will this mean that if my appeal isn,t before the 23rd of dec I will not be eligible for any esa

The date of your appeal is not relevant, any award will be backdated to when you were found Fit for Work.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa appeal 1 month 13 hours ago #173344

But what would happen if my dr continues to sign me of for 3mths at a time as he says i am not fit to work at all
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esa appeal 1 month 9 hours ago #173366

  • Gordon
  • OFFLINE
  • Forum Moderator
Lyn Davis wrote:
But what would happen if my dr continues to sign me of for 3mths at a time as he says i am not fit to work at all

Your ESA(CB) payments stopping has nothing to do with you being Fit or Unfit for Work, in fact if you are awarded the WRAG you will be classed as being Unfit.

This is about how long you can receive ESA(CB) when not in the Support Group (365 days) and only this.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 month 9 hours ago by Gordon.
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The following user(s) said Thank You: Lyn Davis

esa appeal 3 weeks 5 days ago #173633

Hi, I received a text from the DWP saying they have sent my case to be heard by the tribunal service who will contact me directly when it will be heard, does this mean that they will be attending as well, and is there an average wait to go to the tribunal as getting very stressed now, Thanks
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esa appeal 3 weeks 5 days ago #173645

Hi Lyn,

There is now way of knowing whether the DWP will send an officer to the hearing - they are entitled to do so if they wish but don't do this very often for ESA appeals. If an officer does attend, they are in the same kind of capacity as you, they are not a prosecuting lawyer!

There are variations but my guess would be that it will take at least 3 months for your case to be heard.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 3 weeks 5 days ago by Mrs Hurtyback.
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The following user(s) said Thank You: Lyn Davis

esa appeal 3 weeks 1 day ago #174091

Hi I have just received the copy of my appeal papers and am very nervous, how much will the tribunal listen to me as some of the things in the report are so wrong but I am quite a shy person and not very good at speaking in front of people, even though my husband will be coming with me. comments about how i was presented well I find quite insulting as because I want to look after myself doesn,t mean I don,t get some help which I had said but they failed to mention, because I got up and down alot they failed to say I had to use the table as support then rest on crutches but they said I got straight up, won,t go on but feel they made comments and I failed because I did,nt moan alot! will the tribunal take what I have to say and really listen because really hate being in this position as I have worked all my life till being made Medically dismissed 18 months ago. Thanks
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