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Do you get money when appealing?

  • jasmine
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12 years 11 months ago #53444 by jasmine
Do you get money when appealing? was created by jasmine
Can I ask a question? I know a few people who when appealing their esa decision did not get a penny from the dwp while they were appealing. Is this true for everyone or does it depend on individual cases. How long after the appeal papers are lodged should you get paid. I had heard the DWP were going to make it difficult to appeal. Help! :(

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12 years 11 months ago #53450 by Crazydiamond
Replied by Crazydiamond on topic Re:Do you get money when appealing?
As soon as an appeal is lodged, the DWP should make payment at the ESA assessment rate pending the outcome of the appeal. It is advisable when the GL24 is submitted to make it clear that payment is required, although this shouldn't be necessary.

Insofar as your question about the DWP making it more difficult to appeal, I don't have any first-hand knowledge to suggest this will be the case, but I do know that at least one benefit delivery centre is 'discussing' potential appeals with claimants. This in my opinion is unlawful, as a party to the proceedings is openly interfering with the judicial process by the discussion with appellants about a valid appeal against an adverse social security decision.

The only time an appeal should be entertained by the DWP, is if they give the claimant everything they are asking for, at which point the appeal will lapse.

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

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12 years 11 months ago - 12 years 11 months ago #53456 by Derek4
Replied by Derek4 on topic Re:Do you get money when appealing?
Hi Jasmine

The plans under the new Welfare Reform Bill are that appellants will have to formally ask for a reconsideration before launching an appeal. At present you can appeal straight away and the reconsideration automatically takes place.

It shouldn't really make any difference to the appeal. It just adds an additional step to the appeal process causing extra stress to the appellant, while helping the DWP cover-up the length of time it takes to appeal.

Regards

Derek
Last edit: 12 years 11 months ago by Derek4. Reason: grammar

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