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TOPIC: ESA Appeal Tribunal in 3 weeks - am I prepared?

ESA Appeal Tribunal in 3 weeks - am I prepared? 1 month 1 week ago #200558

Hello, I contacted Citizens Advice and they couldn't provide a representative. They gave contact details of two other organisations but I found neither of them could help due to funding cuts. Done Internet search but couldn't find anything else. Our local CAB no longer has a drop in service - we can only contact them via webchat or a national number - there never seem to be any advisers available. Don't know where we are supposed to go for welfare advice these days. I will have to go through all this again when my DLA ends and I have to claim PIP - am dreading it! Went through my paperwork again for ESA appeal and I am still worried. Not sure if I have sent the necessary proof. Haven't got proof of everything I've sent, I realise. Not sure if I've linked my health problems well enough to the descriptors to be convincing. Tribunal is on 14 November and new evidence must be sent at least 7days before to be considered. Am sending new letter from GP tomorrow. Am really sick with worrying.

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ESA Appeal Tribunal in 3 weeks - am I prepared? 1 month 1 week ago #200577

Criztal

It's not always about providing more information for an appeal, sometimes it's just about explaining how you are effected.

Good luck.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA Appeal Tribunal in 3 weeks - am I prepared? 4 weeks 1 day ago #201275

Hello, good news. Had my Tribunal on Tuesday and my Appeal was allowed. Scored 24 points from activities and descriptors in schedule 2 of ESA regulations 2008. However, it says the matter is now remitted to the Secretary of State to make final decision. Thought Tribunal was the end of the stress - and now this! Am really worried the DWP will still decide against my entitlement. How likely is this do you think? (Judge recommended I be put in ESA work group, by the way.) Do many claimants still have benefit refused after a successful Tribunal? Thanks.

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ESA Appeal Tribunal in 3 weeks - am I prepared? 4 weeks 1 day ago #201294

Criztal

Many congratulations on winning your appeal, well done.

AS you have been placed in the WRAG, the DP have to check whether you are entitled to payment or not, so that's why the "final" Decision is with them. If you are entitled to Income Related ESA then you will be, if you are only receiving Contribution Based ESA then it will depend on the 365 day rule.

It usually takes the DWP 5-8 weeks to process a Tribunal result. I would give them a call to make sure that they have received the Decision Notice.

Gordon

tags: @RESULT @ESA @APPEAL
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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA Appeal Tribunal in 3 weeks - am I prepared? 4 weeks 9 hours ago #201431

Thanks for your reply. As far as l know, I was on Income related ESA. I haven't been in paid work for many years, so won't have made enough NI contributions for Contribution based. Have been on appeal rate ESA for most of time from when I put in my appeal. For first 13 weeks of this time, since my ESA was stopped in March, I claimed JSA until the max 13weeks sickness ran out. Before, when in work related group and then in the support group, l got disability premiums - extra money for sickness or disability. If DWP confirms I'm entitled to work related ESA, will I still get the premiums or will my benefit be capped now if there was a break in my claim? How likely is it they'll decide I'm not entitled to income related ESA? Will I continue to receive the appeal rate ESA until the Tribunal decision is processed? Is all very worrying, would like some peace of mind. Many thanks.

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ESA Appeal Tribunal in 3 weeks - am I prepared? 4 weeks 9 hours ago #201432

Criztal

If you were receiving payment of a Premium then your ESA must be Income Related at least in part.

You will continue to receive the Assessment rate until the Tribunal Decision actioned.

Whether you receive any Premiums will depend on what you were receiving before. The Enhanced Disability Premium is payable because you were in the SG, so it may no longer be payable. The Severe Disability Premium is payable of you are receiving DLA MRC or HRC or PIP Daily Living, but this should be payable with your Assessment rate now.

Gordon
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