Appeals Officer revises decision before tribunal

Nevergiveup1967 wrote:

Gordon wrote:

Ngup67

I would request a copy of the Decision, a Statement of Reasons, and any scoresheet used in making the Decision.

There shouldn't be any new medical reports, etc. from what you have already received, as only the Tribunal should be able to order these at this stage of your claim.

Gordon

I've requested these documents not in subject access request form but a standard letter written to the local office that currently pay the ESA
assessment rate.

Should the request have been( a subject access request)sent to where the Decision Maker initially decided no points etc etc as that's not local but over 80 miles away from my local office.

Just an afterthought.

ngup67

Hi NGU1967,

A written request should suffice.

However, if you have problems obtaining the documentation requested, you can issue a SAR, which is then covered under the Data Protection Act, whereas the DWP have 40 days to comply with your request.

Some members choose to issue a SAR in the first instance.

Even though you have addressed the request to the Benefits Office that you mention, it should find its way to the correct DM.

Your NI Number and postcode should ensure this.

bro58

Gordon
Thank you for the advice.

Misshurtyback
Thanks for your kind response as well.

ngup67

Mrs Hurtyback wrote:

I think the backpayment goes back to the first day after your IB finished.

I thank you for your answer.

After winning the Appeal:

Can anybody clarify if there is a definitive ruling in law that the DWP will only pay backpayment of esa money owed from after the 13th week of being in receipt of esa assessment rate. Or is it actioned from the last date of Incapacity benefit received until the date on the award notice is issued.

If anybody could clarify this area of concern I would be very grateful.

ngup67

Nevergiveup1967 wrote:

Mrs Hurtyback wrote:

I think the backpayment goes back to the first day after your IB finished.

I thank you for your answer.

After winning the Appeal:

Can anybody clarify if there is a definitive ruling in law that the DWP will only pay backpayment of esa money owed from after the 13th week of being in receipt of esa assessment rate. Or is it actioned from the last date of Incapacity benefit received until the date on the award notice is issued.

If anybody could clarify this area of concern I would be very grateful.

ngup67

Hi NGU67,

If the adverse decision that you have appealed and won was as the result of an IB/SDA/IS migration to ESA, your backpay should be payed from the effective date of the adverse decision.

This date should be in the letter that you received informing you of the original adverse decision.

For anyone that appeals a decision on a fresh claim for ESA and wins, any backpay should be backdated to the beginning of week 14.

bro58

bro58 wrote:

Nevergiveup1967 wrote:

Mrs Hurtyback wrote:

I think the backpayment goes back to the first day after your IB finished.

I thank you for your answer.

After winning the Appeal:

Can anybody clarify if there is a definitive ruling in law that the DWP will only pay backpayment of esa money owed from after the 13th week of being in receipt of esa assessment rate. Or is it actioned from the last date of Incapacity benefit received until the date on the award notice is issued.

If anybody could clarify this area of concern I would be very grateful.

ngup67

Hi NGU67,

If the adverse decision that you have appealed and won was as the result of an IB/SDA/IS migration to ESA, your backpay should be payed from the effective date of the adverse decision.

This date should be in the letter that you received informing you of the original adverse decision.

For anyone that appeals a decision on a fresh claim for ESA and wins, any backpay should be backdated to the beginning of week 14.

bro58

Bro58

I was migrated from receiving income support on grounds of incapacity and sent for ESA Atos medical no points so appealed.

My Cab Rep tells me I won appeal without attending it because it lapsed due to a more favourable decision taken before I was due to attend.

So does it mean backpay will be actioned from adverse migration date? I'm Still waiting for DWP to send award notice etc.

Ngup67

Nevergiveup1967 wrote:

bro58 wrote:

Nevergiveup1967 wrote:

Mrs Hurtyback wrote:

I think the backpayment goes back to the first day after your IB finished.

I thank you for your answer.

After winning the Appeal:

Can anybody clarify if there is a definitive ruling in law that the DWP will only pay backpayment of esa money owed from after the 13th week of being in receipt of esa assessment rate. Or is it actioned from the last date of Incapacity benefit received until the date on the award notice is issued.

If anybody could clarify this area of concern I would be very grateful.

ngup67

Hi NGU67,

If the adverse decision that you have appealed and won was as the result of an IB/SDA/IS migration to ESA, your backpay should be payed from the effective date of the adverse decision.

This date should be in the letter that you received informing you of the original adverse decision.

For anyone that appeals a decision on a fresh claim for ESA and wins, any backpay should be backdated to the beginning of week 14.

bro58

Bro58

I was migrated from receiving income support on grounds of incapacity and sent for ESA Atos medical no points so appealed.

My Cab Rep tells me I won appeal without attending it because it lapsed due to a more favourable decision taken before I was due to attend.

So does it mean backpay will be actioned from adverse migration date? I'm Still waiting for DWP to send award notice etc.

Ngup67

Hi NGU67,

Yes, any backpay should be payed from the date of your "fit for work" decision, when your IS on grounds of incapacity ceased, this "effective date" should be in the letter of the 8th August 2011, mentioned in your post here :

www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#83853

bro58