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ESA paymnet awaiting tribunal outcome
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6 years 9 months ago #193725 by Robert
ESA paymnet awaiting tribunal outcome was created by Robert
Hello Gordon
I wonder if you could help
I suffer chronic back pain this I have had since 1996 and I have been on IB & ESA since that time and have always passed the WCA most times without having a face to face medical. In December last year I did not
I had my ESA stopped on the 31st January this year after a medical late December last year. I asked for a mandatory reconsideration this was sent to the DWP on the 14th Feb after many phone calls it was admitted that it been had been lost in the system around the end of May I got a call from them telling me it has been found and on the 8th of June I got a letter from them LT54 telling me they cannot revise their decision of 31-01-17
On the 2nd of July I sent a SSCS1 Appealing against this decision after I got the papers back form the tribunal I got a letter from the DWP stating they will pay me the assessment rate of ESA from the 8th of February until there is a decision from the tribunal and I may need to send them medical statements and they would contact me about of this.
Will after not see any payment from them I gave them a call. I was told I have to send them medical statements before they would make any payment and I would have to send two as they will only pay a max of three months on each.
So I went see the doctor yesterday and was told they could not give me a medical statements or back date it as have not been to the doctors with my back for some time I called the GP’s Secretary today and was told more or less the same thing and suggested I contact the DWP and ask them to send a from to them so they could fill it in with my med history I cannot see them doing that as they did not contact my GP for my med history before the WCA in December last year
I just don’t know what I can do
Thank you for any help you give
I wonder if you could help
I suffer chronic back pain this I have had since 1996 and I have been on IB & ESA since that time and have always passed the WCA most times without having a face to face medical. In December last year I did not
I had my ESA stopped on the 31st January this year after a medical late December last year. I asked for a mandatory reconsideration this was sent to the DWP on the 14th Feb after many phone calls it was admitted that it been had been lost in the system around the end of May I got a call from them telling me it has been found and on the 8th of June I got a letter from them LT54 telling me they cannot revise their decision of 31-01-17
On the 2nd of July I sent a SSCS1 Appealing against this decision after I got the papers back form the tribunal I got a letter from the DWP stating they will pay me the assessment rate of ESA from the 8th of February until there is a decision from the tribunal and I may need to send them medical statements and they would contact me about of this.
Will after not see any payment from them I gave them a call. I was told I have to send them medical statements before they would make any payment and I would have to send two as they will only pay a max of three months on each.
So I went see the doctor yesterday and was told they could not give me a medical statements or back date it as have not been to the doctors with my back for some time I called the GP’s Secretary today and was told more or less the same thing and suggested I contact the DWP and ask them to send a from to them so they could fill it in with my med history I cannot see them doing that as they did not contact my GP for my med history before the WCA in December last year
I just don’t know what I can do
Thank you for any help you give
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6 years 9 months ago #193753 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA paymnet awaiting tribunal outcome
Bailey
The first thing you need to do is to get a Fit Note issued from now on assuming that your GP is willing to do this, so that you can receive ESA while you wait for a hearing.
As to the missed period, I'm afraid this may be a Catch 22, your GP is entitled to refuse to issue a Fit Note if they have not seen you during the period you are asking for cover for and I'm afraid I think it unlikely that the DWP will issue a request for information to you GP and even if they did, it may not be sufficient for them to release payment on the missing ESA.
My best suggestion is to get face to face advice from a trained Welfare Rights worker, do an internet search for "welfare advice" with you postcode, town or county. You need someone who can contact your GP and the DWP on your behalf, something that we cannot do on the forum.
Gordon
The first thing you need to do is to get a Fit Note issued from now on assuming that your GP is willing to do this, so that you can receive ESA while you wait for a hearing.
As to the missed period, I'm afraid this may be a Catch 22, your GP is entitled to refuse to issue a Fit Note if they have not seen you during the period you are asking for cover for and I'm afraid I think it unlikely that the DWP will issue a request for information to you GP and even if they did, it may not be sufficient for them to release payment on the missing ESA.
My best suggestion is to get face to face advice from a trained Welfare Rights worker, do an internet search for "welfare advice" with you postcode, town or county. You need someone who can contact your GP and the DWP on your behalf, something that we cannot do on the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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