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Tribunal for ESA Appeal
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7 years 2 months ago #181156 by elainep
Replied by elainep on topic Tribunal for ESA Appeal
On ESA and JSA he received enhanced and severe disability premium.
Only difference was that he received 29.05 activity group on esa
and 32.25 disability premium on JSA.
So am I right that if he asks to go back on ESA he will receive 73.10 plus enhanced disability plus severe disability.
The only benefit he won't receive is the client work activity portion of 29.05?
Only difference was that he received 29.05 activity group on esa
and 32.25 disability premium on JSA.
So am I right that if he asks to go back on ESA he will receive 73.10 plus enhanced disability plus severe disability.
The only benefit he won't receive is the client work activity portion of 29.05?
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7 years 2 months ago #181159 by elainep
Replied by elainep on topic Tribunal for ESA Appeal
Sorry Gordon
One more question.
If my son wins his appeal will any part of his esa that he has lost ie. The 29.05 client activity group payment he was receiving before his appeal be repaid by the DWP or whatever group the tribunal deem him to be on?
One more question.
If my son wins his appeal will any part of his esa that he has lost ie. The 29.05 client activity group payment he was receiving before his appeal be repaid by the DWP or whatever group the tribunal deem him to be on?
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7 years 2 months ago #181180 by Gordon
Yes, that's correct but you may need to chase the DWP as not all DM's understand that the Premiums are payable on the Assessment rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal for ESA Appeal
elie wrote: On ESA and JSA he received enhanced and severe disability premium.
Only difference was that he received 29.05 activity group on esa
and 32.25 disability premium on JSA.
So am I right that if he asks to go back on ESA he will receive 73.10 plus enhanced disability plus severe disability.
The only benefit he won't receive is the client work activity portion of 29.05?
Yes, that's correct but you may need to chase the DWP as not all DM's understand that the Premiums are payable on the Assessment rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #181184 by Gordon
Yes, a revised Decision applies from the same date as the one that removed his benefit, he will receive back pay for the difference between what he should have received and what he has actually received from JSA and ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal for ESA Appeal
elie wrote: Sorry Gordon
One more question.
If my son wins his appeal will any part of his esa that he has lost ie. The 29.05 client activity group payment he was receiving before his appeal be repaid by the DWP or whatever group the tribunal deem him to be on?
Yes, a revised Decision applies from the same date as the one that removed his benefit, he will receive back pay for the difference between what he should have received and what he has actually received from JSA and ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #182119 by elainep
Replied by elainep on topic Tribunal for ESA Appeal
Hi
The DWP have now agreed my son can go back on ESA until his appeal.
He saw his doctor today who has given him a Fit Note.
My son asked his doctor about a letter of support. The doctor said he just doesn't put a letter together but there are forms to fill in which (someone) will send?
My son wasn't sure if the tribunal or the DWP send these forms or whether my son has to request them.
Thank you.
The DWP have now agreed my son can go back on ESA until his appeal.
He saw his doctor today who has given him a Fit Note.
My son asked his doctor about a letter of support. The doctor said he just doesn't put a letter together but there are forms to fill in which (someone) will send?
My son wasn't sure if the tribunal or the DWP send these forms or whether my son has to request them.
Thank you.
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7 years 1 month ago #182136 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal for ESA Appeal
Elie
There are no forms, other than the SSCS1, involved in an appeal. If his GP does not comment themselves then no one seek further evidence from hm.
Gordon
There are no forms, other than the SSCS1, involved in an appeal. If his GP does not comment themselves then no one seek further evidence from hm.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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