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11 years 4 months ago #109398 by Gordon
A Tribunal re-makes the original Decision, so one of the possible results is for them to remove the current award, however, where this may happen the Tribunal are obliged to offer the claimant the opportunity to withdraw their appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa
maz wrote: Hi Gordon
I have sent all the relevant letters for my appeal to Bridgend today I have read on the site that they can take you off ESA altogether at an appeal can they also award you a higher benefit on the information they have on me such as DLA
A Tribunal re-makes the original Decision, so one of the possible results is for them to remove the current award, however, where this may happen the Tribunal are obliged to offer the claimant the opportunity to withdraw their appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: maz
- maz
- Topic Author
11 years 3 months ago - 11 years 3 months ago #109633 by maz
Replied by maz on topic esa
hi Gordon,
there is an internal investigation going on re my missing doctors letter tracked it on royal mail and it arrived 2 days after posting recorded delivery but they are still saying they haven't got it, I have covered myself anyway as from previous advice from you, copied everything so could send the decision maker at bridgend copies of everything.Just waiting now Gordon, if I am awarded the SG how will it go because I have used up my contribution side of benefit and as my husband works I would not be entitled to SG income support related benefit.
there is an internal investigation going on re my missing doctors letter tracked it on royal mail and it arrived 2 days after posting recorded delivery but they are still saying they haven't got it, I have covered myself anyway as from previous advice from you, copied everything so could send the decision maker at bridgend copies of everything.Just waiting now Gordon, if I am awarded the SG how will it go because I have used up my contribution side of benefit and as my husband works I would not be entitled to SG income support related benefit.
Last edit: 11 years 3 months ago by .
11 years 3 months ago #109636 by
Hi m,
Even if you have exhausted your 365 days entitlement to CB ESA in The WRAG, payment of CB ESA will be reinstated if you are placed into the SG.
bro58
Replied by on topic esa
maz wrote: hi Gordon,
there is an internal investigation going on re my missing doctors letter tracked it on royal mail and it arrived 2 days after posting recorded delivery but they are still saying they haven't got it, I have covered myself anyway as from previous advice from you, copied everything so could send the decision maker at bridgend copies of everything.Just waiting now Gordon, if I am awarded the SG how will it go because I have used up my contribution side of benefit and as my husband works I would not be entitled to SG income support related benefit.
Hi m,
Even if you have exhausted your 365 days entitlement to CB ESA in The WRAG, payment of CB ESA will be reinstated if you are placed into the SG.
bro58
11 years 3 months ago - 11 years 3 months ago #109638 by
Hi m,
I should add that if you are placed into The SG as a result of a reconsideration/appeal of a WRAG award that exhausted your 365 day entitlement to payments of CB ESA, that as the SG award would be backdated to the time of the WRAG award, it would be as if you had never been in The WRAG at all.
Therefore, you would regain your 365 days entitlement to payment of CB ESA in The WRAG, which would be useful in case you are again placed into The WRAG at some future reassessment.
There is no 365 days limit to payment of CB ESA in The SG, for as long as you remain in The SG, nor does time spent in The SG count against your 365 days entitlement to CB ESA.
bro58
Replied by on topic esa
bro58 wrote:
maz wrote: hi Gordon,
there is an internal investigation going on re my missing doctors letter tracked it on royal mail and it arrived 2 days after posting recorded delivery but they are still saying they haven't got it, I have covered myself anyway as from previous advice from you, copied everything so could send the decision maker at bridgend copies of everything.Just waiting now Gordon, if I am awarded the SG how will it go because I have used up my contribution side of benefit and as my husband works I would not be entitled to SG income support related benefit.
Hi m,
Even if you have exhausted your 365 days entitlement to CB ESA in The WRAG, payment of CB ESA will be reinstated if you are placed into the SG.
bro58
Hi m,
I should add that if you are placed into The SG as a result of a reconsideration/appeal of a WRAG award that exhausted your 365 day entitlement to payments of CB ESA, that as the SG award would be backdated to the time of the WRAG award, it would be as if you had never been in The WRAG at all.
Therefore, you would regain your 365 days entitlement to payment of CB ESA in The WRAG, which would be useful in case you are again placed into The WRAG at some future reassessment.
There is no 365 days limit to payment of CB ESA in The SG, for as long as you remain in The SG, nor does time spent in The SG count against your 365 days entitlement to CB ESA.
bro58
Last edit: 11 years 3 months ago by .
- maz
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