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UC and ESa Appeal Confusion
- kafka
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4 years 11 months ago #234674 by kafka
UC and ESa Appeal Confusion was created by kafka
Hi,
I was found fit for work in March after filling in a ESA50 and attending a medical,
I and my GP disagreed with this so I did a manditory reconsideration, which was turned down and i am currently appealing the decision.
I'm also the carer of my terminally ill mother and claim carers allowance for this, and
I've had to claim UC with the carers premium.
On Monday I recieved a message in my Journal telling me i was being sent a Work Capability review questionaire to fill in and may be sent for a medical.
I've just rung them (they didn't respond to my journal question) and was told as i'd declared a disabality or illness when i claimed UC i had to do this assesment, when i pointed out that i was already appealing a prevoius ESA decision i was told that it was completly seperate and that had nothing to do with this ?
So if i was found unfit with this new UC assesment i'm assuming i would get ESA through UC while still appealing the non UC previous ESA decision.
What would happen if i was found unfit for work by UC while appealing the ESA decision, or vice versa? i was also told if i was found unfit by this new assessment i could appeal and have 2 appeals going at the same time.
I'd be very grateful if anyone could shed any light on this as it's very confusing.
Thanks
I was found fit for work in March after filling in a ESA50 and attending a medical,
I and my GP disagreed with this so I did a manditory reconsideration, which was turned down and i am currently appealing the decision.
I'm also the carer of my terminally ill mother and claim carers allowance for this, and
I've had to claim UC with the carers premium.
On Monday I recieved a message in my Journal telling me i was being sent a Work Capability review questionaire to fill in and may be sent for a medical.
I've just rung them (they didn't respond to my journal question) and was told as i'd declared a disabality or illness when i claimed UC i had to do this assesment, when i pointed out that i was already appealing a prevoius ESA decision i was told that it was completly seperate and that had nothing to do with this ?
So if i was found unfit with this new UC assesment i'm assuming i would get ESA through UC while still appealing the non UC previous ESA decision.
What would happen if i was found unfit for work by UC while appealing the ESA decision, or vice versa? i was also told if i was found unfit by this new assessment i could appeal and have 2 appeals going at the same time.
I'd be very grateful if anyone could shed any light on this as it's very confusing.
Thanks
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- Gordon
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4 years 11 months ago #234684 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC and ESa Appeal Confusion
kafka
Yes, the ESA appeal and your being assessed under UC are two entirely separate things.
You would only receive payment against your old ESA claim if you were previously entitled to Contribution Based ESA but it will be deducted from your UC so there will be no net gain. If it was Income Related ESA then you claim is dead and you cannot receive ESA again even if your appeal is successful, although any award would be transferred to your UC claim (see below).
The assessment under your UC claim will result in a new Decision and this will supersede any Decision made by your ESA appeal, whatever the UC award is. If the UC Decision is an adverse one then you would have a new right of appeal.
Gordon
Yes, the ESA appeal and your being assessed under UC are two entirely separate things.
You would only receive payment against your old ESA claim if you were previously entitled to Contribution Based ESA but it will be deducted from your UC so there will be no net gain. If it was Income Related ESA then you claim is dead and you cannot receive ESA again even if your appeal is successful, although any award would be transferred to your UC claim (see below).
The assessment under your UC claim will result in a new Decision and this will supersede any Decision made by your ESA appeal, whatever the UC award is. If the UC Decision is an adverse one then you would have a new right of appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- kafka
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4 years 11 months ago #234712 by kafka
Replied by kafka on topic UC and ESa Appeal Confusion
Hi Gordon,
Thanks for the excellent and clear explanation.,
If only the DWP could explain it as well as you, it would save a lot of time and confusion.
Many thanks for your help.
Kafka
Thanks for the excellent and clear explanation.,
If only the DWP could explain it as well as you, it would save a lot of time and confusion.
Many thanks for your help.
Kafka
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4 years 11 months ago #234728 by kafka
Replied by kafka on topic UC and ESa Appeal Confusion
Hi Gordon,
As i was claiming Income Related ESA, is there any point in me continuing the appeal ? Now that any decision with the UC assesment would superceed the appeal anyway.
Or is there any reason that it would be worth continuing the original ESA appeal ?
Thanks
Kafka
As i was claiming Income Related ESA, is there any point in me continuing the appeal ? Now that any decision with the UC assesment would superceed the appeal anyway.
Or is there any reason that it would be worth continuing the original ESA appeal ?
Thanks
Kafka
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4 years 11 months ago #234741 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC and ESa Appeal Confusion
kafka
Whilst I don't have a feeling for the wait times on ESA appeals, it will be some time, maybe six or months.
If an award is made then it will provide back payment of the ESA from the Fit for Work Decision until the UC Decision is made, with the current delays in the ESA assessment process this could be six months.
If the appeal results in an award and the UC one does not then you can use the ESA appeal Decision as evidence for any second appeal.
Gordon
Whilst I don't have a feeling for the wait times on ESA appeals, it will be some time, maybe six or months.
If an award is made then it will provide back payment of the ESA from the Fit for Work Decision until the UC Decision is made, with the current delays in the ESA assessment process this could be six months.
If the appeal results in an award and the UC one does not then you can use the ESA appeal Decision as evidence for any second appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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