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Severe Disability Premium while appeal ongoing?
- david73
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12 years 11 months ago #89675 by david73
Severe Disability Premium while appeal ongoing? was created by david73
Hello, my sister has just been notified that she has failed the work capability medical from 130712. As she lives alone and receives DLA middle care (indefinite award) she has been getting the severe disability premium in addition to basic rate ESA.
She has been advised by the benefits office to put an appeal in writing with a new sick note (even though they have one current until 1st September)and they will reinstate her ESA until the appeal is heard. However, they were unable to answer her question re the SDP, saying they weren't sure?!
If anyone can advise we would be massively grateful as it will make a significant difference either way- many thanks.
She has been advised by the benefits office to put an appeal in writing with a new sick note (even though they have one current until 1st September)and they will reinstate her ESA until the appeal is heard. However, they were unable to answer her question re the SDP, saying they weren't sure?!
If anyone can advise we would be massively grateful as it will make a significant difference either way- many thanks.
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- Gordon
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12 years 11 months ago #89678 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Severe Disability Premium while appeal ongoing?
david73 wrote:
Her SDP should still be payable even though she is only receiving the ESA Assessment rate, however, the DWP have a history of not understanding this, so she needs to make sure it remains in payment.
Gordon
She will need a new Fit note as the Fit for Work Decision post dates the last one and can be seen as now overriding it.Hello, my sister has just been notified that she has failed the work capability medical from 130712. As she lives alone and receives DLA middle care (indefinite award) she has been getting the severe disability premium in addition to basic rate ESA.
She has been advised by the benefits office to put an appeal in writing with a new sick note (even though they have one current until 1st September)and they will reinstate her ESA until the appeal is heard. However, they were unable to answer her question re the SDP, saying they weren't sure?!
If anyone can advise we would be massively grateful as it will make a significant difference either way- many thanks.
Her SDP should still be payable even though she is only receiving the ESA Assessment rate, however, the DWP have a history of not understanding this, so she needs to make sure it remains in payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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