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Linking in rule.

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12 years 11 months ago #56260 by Towser
Linking in rule. was created by Towser
Having previously been in the ESA support group i managed to get a job that i could do within my capabilities. Unfortunately i had to go back on ESA understanding with the linking in rule i would go onto the same benefits when i came off.
At first i was told no, then after many phone calls i was informed that the time limit for linking in was being reviewed and i had to wait for a decision. Not being content with that i kept pressing and the latest answer is that i need to have another medical before a decision can be made.
I would be interested if anyone has had similar problems.

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12 years 11 months ago #56265 by Gordon
Replied by Gordon on topic Re:Linking in rule.
martean

The normal periods that the ESA linking rules apply to are 12 weeks and 102 weeks, however, the DWP are dragging their feet with regard to applying these rules and many people are having to be re-assessed before being allowed to reclaim.

As you appear to have left the Support Group for work, it is probably not surprising that your case is subject to scutiny, as the view is that it is for people currently incapable of work or even work related activity.

Gordon

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

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12 years 11 months ago #56289 by Lyn
Replied by Lyn on topic Re: Linking in rule.
Yep, I also went to work for 6 weeks, then found I could no longer cope; ESA have told me that I shall get £65.45, and in December it will go up to £94.25, I am on highest rate mobility, lower rate care, I have been told after many phone calls that I too shall be attending a medical to see what group I should be put into, I thought linking rules were for people like us that tried and failed working, thus being put straight back onto the benefit rate we left, I supplied a "Fit Note" all my medical history, a cover letter and even my DLA decision after going to Tribunal.....

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12 years 8 months ago #61542 by Towser
Replied by Towser on topic Re:Linking in rule.
Success at last.

Having continually hitting a brick wall with the DWP I complained to my local MP.
The result was a letter from the DWP admitting the processor handling the claim had misinterpreted their guidance.
Strange how everyone misinterpreted the guidance for 18 weeks.
My award was backdated.

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12 years 8 months ago #61560 by Suzy3
Replied by Suzy3 on topic Re:Linking in rule.
Well done Towser :)

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