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6 days 2 hours ago #302826 by Marie
Replied by Marie on topic Need advice if possible
Hi David,

Yes, I have I also spoke with Citizens Advice I have an appointment to see them next week, I have to take all my paperwork with me, and the lady assured me that they can not stop my benefit until there is a response back, so I’m gathering all the relevant information that I can, fingers crossed that they will be able to sort things out for me even it means going for an MR I will do that, as I refused for a black mark to be against my name! I have fought very hard for my condition to be recognised it has taken me years and I means years, for my voice to heard. Many, many thanks for all your help and assistance and to those who also replied too.

Kind regards,

Marie.
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2 days 8 hours ago #303000 by Marie
Replied by Marie on topic Need advice if possible
Hello,

I would just like to provide an update to the above subject matter, I had my appointment today with the CAB, I had all the appropriate paperwork with me, I must be honest, the way in which the adviser was talking it wasn’t looking very hopeful and the likelihood was that I would have to set up a payment plan to repay the overpayment!!

However, they contacted the relevant dept of the DWP whilst I was sitting there spoke to the person on the phone, after the security checks were done, the CAB adviser pick up the conversation, the DWP adviser looked at my information and they couldn’t see any anomalies on my record and I was well within the permitted work rules! And couldn’t understand why I received the letter requesting to paid back over £4,000!! So the upshot is that the DWP are phoning me within the next 5 days, and I have to ask them to look at the decision again or request a MR!!

So how does this go, if there is an MR request lodged, if I have to migrate to UC by the 1st of July? Any thoughts or advice would be most welcomed.

Thank you again..

Marie.

(ESA, WRAG)

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2 days 7 hours ago #303003 by David
Replied by David on topic Need advice if possible
Hi Marie

If the DWP haven't actioned your MR or reversed their decision about closing your ESA claim before the 1 July then you will be asked to supply Fit Notes and have to go through another WCA.
If the decision goes in your favour after Migration to UC then the DWP will have to put you back in the same position as if you were in receipt of ESA at the time of Migration and also amend your Transitional Protection.
Glad your getting good instruction from Citizens Advice.

David

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 day 6 hours ago #303053 by Marie
Replied by Marie on topic Need advice if possible
Hi,

What are my chances of the MR decision going in my favour? Bearing in mind that the overpayment adviser couldn’t see any anomalies, which I’m assuming that I have indeed stuck to the permitted work rules, on my account/record and couldn’t understand why I had been sent the letter of the overpayment in the first place! Also, should I mention my migration notice? Thank you in advance.

Marie.

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14 hours 24 minutes ago #303071 by David
Replied by David on topic Need advice if possible
Hi Marie

Migration has no bearing on the issue.
Your chances of winning the MR depend on the Decision Maker. So unfortunately we will have to wait.

Let me know how you get on.
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 hours 10 minutes ago #303094 by Marie
Replied by Marie on topic Need advice if possible
Will do David, and many thanks again.
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