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Brown envelope's arrived after years of nothing!
- Behinderhund
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9 months 3 weeks ago #287477 by Behinderhund
Replied by Behinderhund on topic Brown envelope's arrived after years of nothing!
I was just refused the right to submit in writing even though I explained that it was a reasonable adaptation due to concentration difficulties. Started as a letter for a Compliance Interview - no subject given so no idea which benefit - and when I phoned to ask for the adaptation was told it was now a Benefit Review of ESA that could only be done on the phone or in my home. Still no idea why. Can I appeal the refusal? Should I?
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- Gordon
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9 months 2 weeks ago #287505 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Brown envelope's arrived after years of nothing!
B
If you are talking about an ESA50 then I'm sorry but there is no legal requirement for one to be issued, an assessment can be carried out without one being completed.
As to appealing the Decision, this is not a benefit Decision so there is no right of appeal as you would have if you were found Fit for Work. You can ask the DWP to consider delaying the process to allow you to complete a form but they are under no obligation to comply.
Of course, if the Decision reduces or removes your current award then you have a strong case to challenge the Decision.
Gordon
If you are talking about an ESA50 then I'm sorry but there is no legal requirement for one to be issued, an assessment can be carried out without one being completed.
As to appealing the Decision, this is not a benefit Decision so there is no right of appeal as you would have if you were found Fit for Work. You can ask the DWP to consider delaying the process to allow you to complete a form but they are under no obligation to comply.
Of course, if the Decision reduces or removes your current award then you have a strong case to challenge the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- petrocelli
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9 months 2 weeks ago #287731 by petrocelli
Replied by petrocelli on topic Brown envelope's arrived after years of nothing!
Yes Gordon, that was me, Incapacity to ESA (c) where they were disregarded. That being the case,as you say other's before me have been incorrectly hauled over the cobbles, it's confirmed what I was thinking and why I posted this last week.
Heartfelt thanks Gordon, I knew you'd be able to answer for me.
So, like the Post Office, the DWP don't always get it right!
As incensed as I feel, I'll not take it further, as God knows where that will lead!!!!?
Take good care all
Enormous thanks to Gordon and ALL moderators.
P.
Heartfelt thanks Gordon, I knew you'd be able to answer for me.
So, like the Post Office, the DWP don't always get it right!
As incensed as I feel, I'll not take it further, as God knows where that will lead!!!!?
Take good care all
Enormous thanks to Gordon and ALL moderators.
P.
The following user(s) said Thank You: BIS, LL26
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