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CB ESA query
- Gordon
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8 years 11 months ago #158670 by Gordon
First of all have a look at the ESA Appeal guide, at this point all you need to submit is an SSCS1 form with your basic reasons for requesting an appeal, the guide explains how to complete the form. If you want to go into more detail then you can attach extra pages with his name and NIN.
Most claimants will wait until they have seen the DWP submission before sending their own in, you should be given a minimum of three weeks to do this, although in practice it is usually longer, but I would start work on it now in case you only receive the minimum notice.
Gordon
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Replied by Gordon on topic CB ESA query
Petespa wrote: Good evening.
My husband's ESA WRAG mandatory reconsideration came back unchanged, which I understand is par for the course. I need to get the appeal paperwork in the post tomorrow, in order to meet the deadline of the 19th. Please could you advise if we should send copies of all of the evidence we have already provided to the DWP, or wait until we receive our copy of the DWP pack then just send anything missing after that?
The CAB were unable to help at their drop in service, so I am trying to put something together using your guides. I don't think I can fit the reason for appeal into the box on the SSCS1, so please do you know if a typed A4 sheet will be acceptable, as long as I make sure it is headed with his name and N.I. No, just in case it gets separated?
Thanks again,
Petespa
First of all have a look at the ESA Appeal guide, at this point all you need to submit is an SSCS1 form with your basic reasons for requesting an appeal, the guide explains how to complete the form. If you want to go into more detail then you can attach extra pages with his name and NIN.
Most claimants will wait until they have seen the DWP submission before sending their own in, you should be given a minimum of three weeks to do this, although in practice it is usually longer, but I would start work on it now in case you only receive the minimum notice.
Gordon
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- Petespa
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8 years 11 months ago #158674 by Petespa
Replied by Petespa on topic CB ESA query
Thanks for that Gordon. I will do as you suggest and limit myself to the basic information at this stage, which should fit into the box provided. I already have a draft including most of what I think we need to include, which I will ensure is ready to submit once we have received the DWP pack.
Kind regards
Petespa
Kind regards
Petespa
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8 years 10 months ago #159778 by Petespa
Replied by Petespa on topic CB ESA query
Hi,
Because of my theory that bad news sent by DWP etc usually arrives on a Saturday, we opened my husband's brown envelope from Belfast with some trepidation! This was quickly followed by a mixture of relief, disbelief and joy. A decision maker had looked again at the case and changed the decision from WRAG to Support Group, after lodging our appeal on the 18th of May. They said that due to further evidence, they had decided that a manual wheelchair would not be appropriate and therefore awarded 15 points for mobility, thus giving him LCWRA. The only extra reason which we put in the appeal submission was that he underwent spinal surgery with a small risk of paralysis to avoid being confined to a wheelchair, so we thought it was unacceptable for them to say that he could or should use one!
We would like to thank you for your help with our questions along the way and the excellent member only guides. I only wish that we had found the site sooner, as we had already been struggling through the benefits minefield for PIP and ESA for 2 years beforehand. We just have a couple of questions and although we will remain members, we shouldn't have to trouble you further for a while.
The letter we received stated that the decision is effective from 13/01/2016. My husband's claim started in February 2014 but his assessment only took place in January 2016 after involving our M.P. Am I right in my assumption that it will remake the WRAG decision which was backdated to February 2014 please? Should it also mean that he should receive the small difference between the WRAG and SG rates from week 14 to day 365, then the SG rate since February 2015, when his payments ceased? We understand that it will be reduced by 50% of his occupational pension less £85 per week.
Please do you know if the revised decision will be for the same length of time as the WRAG decision, or whether it is best to ring up to check the prognosis?
Once again thank you for all of your help!
Kind regards,
Petespa
Because of my theory that bad news sent by DWP etc usually arrives on a Saturday, we opened my husband's brown envelope from Belfast with some trepidation! This was quickly followed by a mixture of relief, disbelief and joy. A decision maker had looked again at the case and changed the decision from WRAG to Support Group, after lodging our appeal on the 18th of May. They said that due to further evidence, they had decided that a manual wheelchair would not be appropriate and therefore awarded 15 points for mobility, thus giving him LCWRA. The only extra reason which we put in the appeal submission was that he underwent spinal surgery with a small risk of paralysis to avoid being confined to a wheelchair, so we thought it was unacceptable for them to say that he could or should use one!
We would like to thank you for your help with our questions along the way and the excellent member only guides. I only wish that we had found the site sooner, as we had already been struggling through the benefits minefield for PIP and ESA for 2 years beforehand. We just have a couple of questions and although we will remain members, we shouldn't have to trouble you further for a while.
The letter we received stated that the decision is effective from 13/01/2016. My husband's claim started in February 2014 but his assessment only took place in January 2016 after involving our M.P. Am I right in my assumption that it will remake the WRAG decision which was backdated to February 2014 please? Should it also mean that he should receive the small difference between the WRAG and SG rates from week 14 to day 365, then the SG rate since February 2015, when his payments ceased? We understand that it will be reduced by 50% of his occupational pension less £85 per week.
Please do you know if the revised decision will be for the same length of time as the WRAG decision, or whether it is best to ring up to check the prognosis?
Once again thank you for all of your help!
Kind regards,
Petespa
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8 years 10 months ago #159825 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CB ESA query
Petespa
That's absolutely fantastic news.
The Effective date relates to the original Decision that you then challenged, but you should expect to receive back payment of the SG rate from the beginning of week 14 of his claim minus any monies that have already been paid.
If your husbands claim was subject to time limiting due to the time it took to be process, then this should now be removed and the time he has spent on ESA(CB) will be reset to zero.
Gordon
That's absolutely fantastic news.
The Effective date relates to the original Decision that you then challenged, but you should expect to receive back payment of the SG rate from the beginning of week 14 of his claim minus any monies that have already been paid.
If your husbands claim was subject to time limiting due to the time it took to be process, then this should now be removed and the time he has spent on ESA(CB) will be reset to zero.
Gordon
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8 years 10 months ago #159857 by slugsta
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Replied by slugsta on topic CB ESA query
Well done Petespa! It is quite unusual for the MR to decide in the claimant's favour, you obviously made a very good job of the submission 
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8 years 10 months ago #159873 by Petespa
Replied by Petespa on topic CB ESA query
Hi,
The mandatory reconsideration remained unchanged. It was after I lodged the appeal with the court that the case was looked at again and the decision revised.
We are both relieved that we may now have a little respite, as we feel absolutely drained after 3 years of battling for firstly I'll health retirement, then PIP, IIDB and finally ESA. I feel so sorry for anyone like my husband with a very basic education and no qualifications, without any family or friends to help and support them. This site must be invaluable to them!
Once again thanks for your help.
Kind regards,
Petespa
The mandatory reconsideration remained unchanged. It was after I lodged the appeal with the court that the case was looked at again and the decision revised.
We are both relieved that we may now have a little respite, as we feel absolutely drained after 3 years of battling for firstly I'll health retirement, then PIP, IIDB and finally ESA. I feel so sorry for anyone like my husband with a very basic education and no qualifications, without any family or friends to help and support them. This site must be invaluable to them!
Once again thanks for your help.
Kind regards,
Petespa
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