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Statement of reasons

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7 years 1 month ago #180880 by Jay
Statement of reasons was created by Jay
Hi sorry if I am in wrong place it is my first post. If you win a tribunal, ESA support group. DWP ask for SoR. Can you claim ESA at assessment rate or do you have to still claim JSA? He has struggled with JSA and refused to go to Ingeus. He is at the end of his tether. Any help please?

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7 years 1 month ago #180902 by Gordon
Replied by Gordon on topic Statement of reasons

Jay wrote: Hi sorry if I am in wrong place it is my first post. If you win a tribunal, ESA support group. DWP ask for SoR. Can you claim ESA at assessment rate or do you have to still claim JSA? He has struggled with JSA and refused to go to Ingeus. He is at the end of his tether. Any help please?


Welcome to the forum.

I am afraid that ESA is not payable during an appeal to the Upper Tier Tribunal unless an award is currently in place, your only option at this time is to continue to claim JSA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jay

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7 years 1 month ago #180933 by Jay
Replied by Jay on topic Statement of reasons
I have called tribunal court they received the request for SoR today. Court say it can take months. Then DWP may not take it to Upper tier. Job centre are stuck as to what to do with my client who is not coping. They told MP office one thing then told his colleague something different.
Any advice?

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7 years 1 month ago #180956 by Gordon
Replied by Gordon on topic Statement of reasons

Jay wrote: I have called tribunal court they received the request for SoR today. Court say it can take months. Then DWP may not take it to Upper tier. Job centre are stuck as to what to do with my client who is not coping. They told MP office one thing then told his colleague something different.
Any advice?


Your client needs to be careful, whilst they can negotiate a minimum Claimant Commitment, there are limits to what their JC+ will accept and they can close their JSA claim if they are not considered to be participating.

Gordon

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

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7 years 1 month ago #180996 by Jay
Replied by Jay on topic Statement of reasons
As he is having bad thoughts I have arranged for his work coach to just basically chat to him and let him sign on. a 10 minute interview with no job search. His GP is going to be contacted to see if a letter can be written saying how ill this has made him. I think I can get his signing on like this for about 6 weeks. I will send the letter from his GP to Tribunal to see if SoR can be fast tracked from their end. I have never had this happen before it seems the JC have not come across it before. Any idea how long this may take? should I be doing anything to help him? What are the chances of it actually going further? What does further mean? I have been a volunteer for a few years but this has got me stumped. Gordon I really appreciate all of your support. Thanks

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7 years 1 month ago #181026 by Gordon
Replied by Gordon on topic Statement of reasons
Jay

A SoR can take 2or 3 weeks or 2 or 3 months depending on the Judge and how busy they are.

Once received the DWP will have one month to decide whether to pursue the matter further. They cannot appeal the Decision because they do not like it, only because they believe that there has been an Error of Law. Your client will receive a copy of the SoR and can argue against any Error that the DWP put forward.

What is an Error of Law?

There are checkpoints through out the process but if it goes all of the way then it could easily take the best part of a year to resolve.

Gordon

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

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