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esa appeal

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7 years 4 months ago #173238 by Gordon
Replied by Gordon on topic esa appeal

Lyn Davis wrote: because of my husbands income i was unable to get universal credit when they stopped my esa, so will this mean that if my appeal isn,t before the 23rd of dec I will not be eligible for any esa


The date of your appeal is not relevant, any award will be backdated to when you were found Fit for Work.

Gordon

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7 years 4 months ago #173344 by Lyn Davis
Replied by Lyn Davis on topic esa appeal
But what would happen if my dr continues to sign me of for 3mths at a time as he says i am not fit to work at all

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7 years 4 months ago - 7 years 4 months ago #173366 by Gordon
Replied by Gordon on topic esa appeal

Lyn Davis wrote: But what would happen if my dr continues to sign me of for 3mths at a time as he says i am not fit to work at all


Your ESA(CB) payments stopping has nothing to do with you being Fit or Unfit for Work, in fact if you are awarded the WRAG you will be classed as being Unfit.

This is about how long you can receive ESA(CB) when not in the Support Group (365 days) and only this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by Gordon.
The following user(s) said Thank You: Lyn Davis

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7 years 4 months ago #173633 by Lyn Davis
Replied by Lyn Davis on topic esa appeal
Hi, I received a text from the DWP saying they have sent my case to be heard by the tribunal service who will contact me directly when it will be heard, does this mean that they will be attending as well, and is there an average wait to go to the tribunal as getting very stressed now, Thanks

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7 years 4 months ago - 7 years 4 months ago #173645 by slugsta
Replied by slugsta on topic esa appeal
Hi Lyn,

There is now way of knowing whether the DWP will send an officer to the hearing - they are entitled to do so if they wish but don't do this very often for ESA appeals. If an officer does attend, they are in the same kind of capacity as you, they are not a prosecuting lawyer!

There are variations but my guess would be that it will take at least 3 months for your case to be heard.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.
The following user(s) said Thank You: Lyn Davis

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7 years 4 months ago #174091 by Lyn Davis
Replied by Lyn Davis on topic esa appeal
Hi I have just received the copy of my appeal papers and am very nervous, how much will the tribunal listen to me as some of the things in the report are so wrong but I am quite a shy person and not very good at speaking in front of people, even though my husband will be coming with me. comments about how i was presented well I find quite insulting as because I want to look after myself doesn,t mean I don,t get some help which I had said but they failed to mention, because I got up and down alot they failed to say I had to use the table as support then rest on crutches but they said I got straight up, won,t go on but feel they made comments and I failed because I did,nt moan alot! will the tribunal take what I have to say and really listen because really hate being in this position as I have worked all my life till being made Medically dismissed 18 months ago. Thanks

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