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Supporting evidence when migrated from IB to ESA

  • Agatha
  • Topic Author
14 years 1 week ago #65023 by Agatha
I have just read the following statement made by Crazydiamond:

“You are not obliged to provide any supporting evidence. As you were being migrated from IB to ESA, the onus of the burden of proof rests with the DWP to show that you were disentitled to ESA, and not for you as a claimant to show that you were entitled to the allowance."

www.benefitsandwork.co.uk/forum?func=vie...4944&limit=6&start=6

And I would like to know where can I get more information about it.
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14 years 1 week ago - 14 years 1 week ago #65025 by Crazydiamond
Replied by Crazydiamond on topic Re:Supporting evidence when migrated from IB to ESA
Further information can be obtained HERE.

Please see in particular paragraph two in the subsection entitled "Some applications - case law" which although it related to the IB personal capability assessment, is now pertinent to the ESA work capability assessment.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 1 week ago by Crazydiamond. Reason: Additional info.
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14 years 1 week ago #65029 by lester
link not working
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14 years 1 week ago #65030 by Gordon
lester wrote:

link not working

It is for me.

Try this one

www.cpag.org.uk/cro/wrb/wrb187/prove_it.htm

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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14 years 1 week ago #65031 by lester
nope, maybe a problem my end, will try later as this is a point I would wish to be up to date on.
  • Agatha
  • Topic Author
14 years 1 week ago #65035 by Agatha
Thank you very much. :)

(The link provided by Crazydiamond works)
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