- Posts: 51046
× Members
Lost appeal
- Gordon
- Offline
Less More
13 years 2 months ago #45055 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Lost appeal
Blanco wrote:
If you appeal to the Upper Tribunal, the DWP are not required to pay any benefit, even at the Assessment rate.
Gordon
I'm not sure what you mean by indefinitely! Whilst appeals are taking a protracted period to be heard, in some cases more than a year, once the panel have rendered a decision you are either entitled to the ESA rate you should have had, if they find in your favour, or nothing if they find for the DWP.Is it possible to appeal indefinitely against an ESA decision and continue to receive the assessment rate?
If you appeal to the Upper Tribunal, the DWP are not required to pay any benefit, even at the Assessment rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Blanco
- Offline
Less More
- Posts: 47
13 years 2 months ago #45060 by Blanco
Replied by Blanco on topic Re:Lost appeal
Thanks for replying Gordon.
I thought I might have read somewhere that it was possible to appeal, be turned down, appeal, be turned down and appeal forever, whilst staying on the assessment rate.
I'm having a bit of a job taking any of it in. I'm sure I'll get my head around all this ESA stuff one day.
I thought I might have read somewhere that it was possible to appeal, be turned down, appeal, be turned down and appeal forever, whilst staying on the assessment rate.
I'm having a bit of a job taking any of it in. I'm sure I'll get my head around all this ESA stuff one day.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51046
13 years 2 months ago #45064 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Lost appeal
Blanco
What you are thinking of is the "six month" rule.
You can re-apply for ESA six months after an adverse decision. so it it possible the have a claim being processed while one is still waiting to be heard at appeal.
It was speculated that due to the delays in hearing Tribunals, the above situation could result in your being in ESA Assessment Rate indefinitely.
So from that perspective, you are correct.
Gordon
What you are thinking of is the "six month" rule.
You can re-apply for ESA six months after an adverse decision. so it it possible the have a claim being processed while one is still waiting to be heard at appeal.
It was speculated that due to the delays in hearing Tribunals, the above situation could result in your being in ESA Assessment Rate indefinitely.
So from that perspective, you are correct.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- nona666
- Topic Author
13 years 2 months ago #45079 by nona666
Replied by nona666 on topic Re: Lost appeal
Hi Dave,no I don't get either IB or ESB.I only get single parent benefits.I only had my GP report as evidence and he won't make any,what he calls,'pointless referrals',when 'they can't do anything I can't do',quote,unquote.Also he doesn't seem to think that the trials and tribulations I endure on a daily basis,and which I make a point of relaying to him,in great detail every monthly visit,worthy of a mention in my medical notes.The DLA took the line,that if I was that bad,my doctor would know.I confidently appealed,content that when the Appeals Tribunal saw my notes,they would award in my favour,without hesitaton.Imagine my horror,when I couldn't find anything about stumbles or falls,nothing about crippling unpredictable muscle spasms,nada about multides of scalds and burns and ziltch about unrelenting physical,mental and emotional exhaustion.Oops,sorry dave,seems like I now know why my appeal was 'disallowed',now all I need to know is what do I do now?
Please Log in or Create an account to join the conversation.
- nona666
- Topic Author
13 years 2 months ago #45080 by nona666
Replied by nona666 on topic Re:Lost appeal
Hi Gordon,Is it true that I am not entitled to claim ESA as I am getting Child Tax Credits For a child under 7 and am not obliged to seek work?
Please Log in or Create an account to join the conversation.
- originaldave
13 years 2 months ago #45084 by originaldave
Replied by originaldave on topic Re: Lost appeal
nona666 wrote:
first thing you need is a new doctor IMO
Hi Dave,no I don't get either IB or ESB.I only get single parent benefits.I only had my GP report as evidence and he won't make any,what he calls,'pointless referrals',when 'they can't do anything I can't do',quote,unquote.Also he doesn't seem to think that the trials and tribulations I endure on a daily basis,and which I make a point of relaying to him,in great detail every monthly visit,worthy of a mention in my medical notes.The DLA took the line,that if I was that bad,my doctor would know.I confidently appealed,content that when the Appeals Tribunal saw my notes,they would award in my favour,without hesitaton.Imagine my horror,when I couldn't find anything about stumbles or falls,nothing about crippling unpredictable muscle spasms,nada about multides of scalds and burns and ziltch about unrelenting physical,mental and emotional exhaustion.Oops,sorry dave,seems like I now know why my appeal was 'disallowed',now all I need to know is what do I do now?
first thing you need is a new doctor IMO
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris