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TOPIC: OMG ESA APPEAL -SHOCKING

OMG ESA APPEAL -SHOCKING 5 years 11 months ago #74035

  • Unhappygirl01
:( Just got back from appeal! Im sure they thought i was a criminal ,never have l been spoken too in that manner before .My sister and daughter came for moral support [my daughter has worked at a solicitors and she was horrified at the tone the appeal took,she said it was like a court of law!]Needless to say we lost the appeal l found the whole thing very distressing .IT has taken 8 months for my appeal to be heard ,can l reaply? Will l have to repay ESA benefit lve had whilst ive been waiting ?WOULDNT BE SO BAD IF THEY COULD MAGICALLY MEND MY BACK - WHICH WAS CAUSED BY AN ACCIDENT AT WORK!I know you shouldnt let them get you down but right now l just feel like crawling under a stone . :(

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Re:OMG ESA APPEAL -SHOCKING 5 years 11 months ago #74037

  • Mrs Hurtyback
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  • Posts: 9364
If you feel that you were treated in a manner lacking in courtesy, then you should complain to DWP and your MP.

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

Re:OMG ESA APPEAL -SHOCKING 5 years 11 months ago #74045

Unhappygirl01 wrote:

:( Just got back from appeal! Im sure they thought i was a criminal ,never have l been spoken too in that manner before .My sister and daughter came for moral support [my daughter has worked at a solicitors and she was horrified at the tone the appeal took,she said it was like a court of law!]Needless to say we lost the appeal l found the whole thing very distressing .IT has taken 8 months for my appeal to be heard ,can l reaply? Will l have to repay ESA benefit lve had whilst ive been waiting ?WOULDNT BE SO BAD IF THEY COULD MAGICALLY MEND MY BACK - WHICH WAS CAUSED BY AN ACCIDENT AT WORK!I know you shouldnt let them get you down but right now l just feel like crawling under a stone . :(


Hi UG01,

There is a link on the webpage below about complaining to the Tribunals Service. :


www.justice.gov.uk/global/contacts/hmcts...nd-child-support.htm

bro58

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Re:OMG ESA APPEAL -SHOCKING 5 years 11 months ago #74052

  • Mrs Hurtyback
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  • Posts: 9364
Sorry, I should have said complain to Tribunals Service, not DWP!

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

Re:OMG ESA APPEAL -SHOCKING 5 years 11 months ago #74053

Unhappygirl01 wrote:

:( Just got back from appeal! Im sure they thought i was a criminal ,never have l been spoken too in that manner before .My sister and daughter came for moral support [my daughter has worked at a solicitors and she was horrified at the tone the appeal took,she said it was like a court of law!]Needless to say we lost the appeal l found the whole thing very distressing .IT has taken 8 months for my appeal to be heard ,can l reaply? Will l have to repay ESA benefit lve had whilst ive been waiting ?WOULDNT BE SO BAD IF THEY COULD MAGICALLY MEND MY BACK - WHICH WAS CAUSED BY AN ACCIDENT AT WORK!I know you shouldnt let them get you down but right now l just feel like crawling under a stone . :(


Hi UG01,

You can make a fresh claim for ESA if either 6 months or more has passed since the date of the original adverse decision, (which seems to be the case, "8 months"), or you suffer new conditions, or your existing conditions have deteriorated.

You would need to provide Med Certs (fit notes) from your G.P.

You will not have to pay back any benefit that you have received whilst waiting for your Tribunal hearing.

Others options could be to ask for the decision to be set aside, if there has been a procedural error, or appeal to the Upper Tier, if there has been an error in law.

See here.

:http://www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444&limit=6&start=18#72205

Options in my last paragraph are not straight forward and you would need face to face advice from the CAB etc.

The first thing that you should do is request a written statement of reasons for the Tribunals Decision

cheers

bro58

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What to do next ? 5 years 11 months ago #74054

  • Unhappygirl01
:( ;)THANKS Mrs hurtyback hope you got my reply.x Can l re apply for ESA ? IT TOOK 8 MONTHS to get to appeal.Do l have to repay the esa benefits lve recieved whilst waiting for my appeal? MY HEAD IS HURTING !Cant decide whether to turn to chocolate /drink to mke me feel better!

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Moderators: bro58GordonMrs Hurtyback