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DWP phone call re ESA assessment

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6 years 10 months ago #190164 by Gordon
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy

Revision rates at MR are I am afraid quite low, Decision Makers favour the assessment report, even if it is less than accurate.

Tribunal panels are much more open minded about the evidence and as a consequence the success rate is significantly higher (60+%).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 10 months ago #190228 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Gordon

I feel I should have the tribunal appeal form ready whilst awaiting MR result, is there a downloadable version available please?
Thank you

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6 years 10 months ago #190239 by Gordon
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy

There's a link in the PIP Appeal guide and a worked example in the Submissions document.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 10 months ago #190447 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Hello Gordon

Please could you clarify for me how a MR affects Council tax benefit when not claiming Jobseekers allowance. Even though I have reported to HB department I will have 0 income and manage on my savings I have been led to believe I will be liable for Council tax until, if needed, I lodge an appeal when I should be put back on ESA at the lower rate and that would trigger Council tax benefit again.

Many thanks

Many thanks

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6 years 10 months ago #190492 by Gordon
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy

This is not an area we deal with on the forum, but if you are not claiming any benefits which result in a discount to your Council Tax then I would expect you to be charged the full rate.

Gordon

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

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6 years 10 months ago #191559 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Hello again all,

As I had received a text from the DWP telling me a decision regarding my MR would be made by 20th June I phoned them today and was told that the decision had not been revised and had been made on the 16th but of course as yet I have not received the brown envelope. I was expecting there to be no change to the 9 points I have been awarded and had already completed my tribunal appeal form in readiness for the inevitable!

So hopefully tomorrow I will receive the paper work and send off the appeal recorded delivery of course!
Gordon, could you just confirm for me please that when supplying a fit note to the DWP to get my ESA reinstated it should be backdated to when the original decision that I was found fit for work was made, in my case 25th May. This would mean presumably that reinstatement of my ESA would also be backdated to that date?

Manythanks

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