- Posts: 51288
Lost appeal
- Gordon
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I'm not sure what you mean by indefinitely! Whilst appeals are taking a protracted period to be heard, in some cases more than a year, once the panel have rendered a decision you are either entitled to the ESA rate you should have had, if they find in your favour, or nothing if they find for the DWP.Is it possible to appeal indefinitely against an ESA decision and continue to receive the assessment rate?
If you appeal to the Upper Tribunal, the DWP are not required to pay any benefit, even at the Assessment rate.
Gordon
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- Blanco
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- Posts: 47
I thought I might have read somewhere that it was possible to appeal, be turned down, appeal, be turned down and appeal forever, whilst staying on the assessment rate.
I'm having a bit of a job taking any of it in. I'm sure I'll get my head around all this ESA stuff one day.
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- Gordon
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- Posts: 51288
What you are thinking of is the "six month" rule.
You can re-apply for ESA six months after an adverse decision. so it it possible the have a claim being processed while one is still waiting to be heard at appeal.
It was speculated that due to the delays in hearing Tribunals, the above situation could result in your being in ESA Assessment Rate indefinitely.
So from that perspective, you are correct.
Gordon
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- nona666
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- nona666
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- originaldave
Hi Dave,no I don't get either IB or ESB.I only get single parent benefits.I only had my GP report as evidence and he won't make any,what he calls,'pointless referrals',when 'they can't do anything I can't do',quote,unquote.Also he doesn't seem to think that the trials and tribulations I endure on a daily basis,and which I make a point of relaying to him,in great detail every monthly visit,worthy of a mention in my medical notes.The DLA took the line,that if I was that bad,my doctor would know.I confidently appealed,content that when the Appeals Tribunal saw my notes,they would award in my favour,without hesitaton.Imagine my horror,when I couldn't find anything about stumbles or falls,nothing about crippling unpredictable muscle spasms,nada about multides of scalds and burns and ziltch about unrelenting physical,mental and emotional exhaustion.Oops,sorry dave,seems like I now know why my appeal was 'disallowed',now all I need to know is what do I do now?
first thing you need is a new doctor IMO
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