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Meniers sufferer

  • originaldave
13 years 3 months ago #64456 by originaldave
Replied by originaldave on topic Re:Meniers sufferer
Gordon wrote:

John

Have you contacted your local DWP office to find out what is happening with your appeal and why you are not receiving the ESA Assessment rate?

The phone number should be on any the letters you have received from the DWP.

Gordon


If as it reads to me he is appealing a tribunal hearing ... I thought you got nothing at that stage

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13 years 3 months ago - 13 years 3 months ago #64458 by Gordon
Replied by Gordon on topic Re:Meniers sufferer
originaldave wrote:

If as it reads to me he is appealing a tribunal hearing ... I thought you got nothing at that stage

From his first post John appears to be appealing following an assessment, not a tribunal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 3 months ago by Gordon.

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  • bro58
13 years 3 months ago #64460 by bro58
Replied by bro58 on topic Re:Meniers sufferer
See the discussion here also, re : G.P.'s and Med Certs. :

www.rightsnet.org.uk/forums/viewthread/1599/

cheers

bro58

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  • bro58
13 years 3 months ago #64472 by bro58
Replied by bro58 on topic Re:Meniers sufferer
John,

I think we need you to clarify.

Are you appealing an adverse decision given on a recent ESA WCA process.

If so you will see on the info on the link that I provided that your G.P. can issue Med Certs for you.

If this is the the case, you need to clarify with him, whether he is simply refusing to issue a Med Cert, because he thinks he cannot due to DWP direction, in this case point him towards the document on the link.

Or, is he refusing to give you a Med Cert because he actually thinks that you are fit to work.

If you are appealing to the Upper Tier, regading a decision made at the First Tier Tribunal, see the extract below, from question 8 of the doc on the link.
Remember appeals to the Upper Tier can only be made on a point of law, and it would be advisable to obtain the aid of a suitably qualified person with this.

Quote :

"If the appeal is unsuccessful, you should only issue further statements if their condition worsens significantly or they have a new medical condition".

cheers

bro58

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  • jclassic1
  • Topic Author
13 years 3 months ago #64515 by jclassic1
Replied by jclassic1 on topic Re:Meniers sufferer
I will try and make it clearer.After my tribunal hearing in Feb which I failed it was suggested to me by the panel that I could submit a new claim for ESA.I started a new claim and was given an assesment date of 10th June.I attended this assesment with my wife as I have trouble hearing and understanding people.During this assesment I produced all my medication.I had the chance to explain in detail all my problems and thought that this time I should have scored well enough to at least go on to the next stage.I was shocked to find I had scored 0 points in the letter they sent me which arrived a month after my benefit was stopped.I immediately downloaded the appeal form and filled it in with my reasons for contesting the decision.On the 28th July I received a letter from the Derby Benefit Centre stating that my appeal was being looked at.Since then I have had no contact from them and have received no benefit since June.They did send me a letter saying that they may have overpaid me by £54-00 but have heard no more.My doctors says it is not his decision but he has been blocked by the benefit people but no reason given.
I hope I have made it clear enough and people understand what I mean.I do appreciate all the replies and am very pleased for the support this site gives.

John

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13 years 3 months ago - 13 years 3 months ago #64518 by Gordon
Replied by Gordon on topic Re:Meniers sufferer
John

Thanks for the update.

I would still suggest you contact your local DWP office to make sure that they have received your appeal documents and that they understand you want to receive the Assessment rate while appealing.

ESA is paid fornightly on specific days based on the last 2 digits of your NI number, so it is possible they have missed your payment day.

Mon - 00 to 19
Tue - 20 to 39
Wed - 40 to 59
Thu - 60 to 79
Fri - 80 to 99

When payments are re-instated it is usually in two parts, one will be the regular fortnightly payment, starting on the next payment day. Then there will be a second payment, usually a couple of weeks later that covers the difference between you restart date and the first regular payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 3 months ago by Gordon. Reason: spelling need new fingers

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