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esa and pip tribunerals dates
- sue
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7 years 6 months ago #200722 by sue
esa and pip tribunerals dates was created by sue
just had a phone call today dwp saying my esa has stopped now last payment October so there has been a payment today but as she said oct last payment they may take this back I don't know? told you can only be on this so long what benefit does it change to ? I did not get enough points even though I was having a brain scan for memory loss tiredness no energy, had the results and I have doctors appointment as I have depression and anxiety and need councilling from theapry for you but need care when cooking etc also gynaecology waiting for results which may need operation which I have great fear of operations. she gave me a number to ring universal credit to get a different benefit. what will this be ? i am still waiting for a tribunal date for the pip disability that was stopped in June but still gets the care allowance how long does it take for the tribunals to take place?
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7 years 6 months ago #200723 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa and pip tribunerals dates
Sue
Tribunal wait times are up at 4-6 months at the moment, you can contact the Tribunal Service for an update.
You say your ESA has been stopped, is that because you have been receiving Contribution Based ESA for 365 days or have you been assessed and not received sufficient points for an award?
Gordon
Tribunal wait times are up at 4-6 months at the moment, you can contact the Tribunal Service for an update.
You say your ESA has been stopped, is that because you have been receiving Contribution Based ESA for 365 days or have you been assessed and not received sufficient points for an award?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 6 months ago #200729 by sue
Replied by sue on topic esa and pip tribunerals dates
said i did not receive enough points , also i can only have esa for so long, had to phone straight away to claim universal credit, i have been told after having brain scan i have not got dementia but underlining depression and anxiety and to see the doctor to have antidepressants and counselling therapy for you, also wait for gynaecology results of biopsies taken, she did say if i have operation to let them know of change and i can apply for esa again
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7 years 6 months ago #200739 by Gordon
I would get face to face advice before claiming Universal Credit, once you are on it then you cannot return to ESA.
If you want to challenge the ESA Decision then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report if you have not already done so, it's called an ESA85, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa and pip tribunerals dates
sue wrote: said i did not receive enough points , also i can only have esa for so long, had to phone straight away to claim universal credit, i have been told after having brain scan i have not got dementia but underlining depression and anxiety and to see the doctor to have antidepressants and counselling therapy for you, also wait for gynaecology results of biopsies taken, she did say if i have operation to let them know of change and i can apply for esa again
I would get face to face advice before claiming Universal Credit, once you are on it then you cannot return to ESA.
If you want to challenge the ESA Decision then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report if you have not already done so, it's called an ESA85, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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