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ESA appeal tribunal query

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11 years 11 months ago - 11 years 11 months ago #84621 by mermaid
ESA appeal tribunal query was created by mermaid
Someone I know is about to go to a tribunal for her ESA on Friday. She had been on IB for many years and did not 'pass' the medical onto ESA.

A few weeks ago she applied for a job with 16 hrs, well spread out (but more than Permitted Hours rate), and felt she might manage it and to her surprise got the job with no questions about her health. She doesn't know if she will manage the job, but wants to try.

The job starts next Monday, and the tribunal is this Friday. Would she be breaking any rules to go for the ESA tribunal, as she has in fact been considered unfit for the duration - and would she be expected to reveal the fact that she is about to start a job?

If she wins the tribunal then she would of course get the back payment but she would then leave ESA next week, even if she won her case.
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago - 11 years 11 months ago #84624 by Gordon
Replied by Gordon on topic Re:ESA appeal tribunal query
Mermaid

The Tribunal is evaluating your friends claim as it was at the time the Decision they appealed was made, not their condition as it is now.

That said, your friend needs to close her ESA claim before starting work, to avoid issues with overpayment. This needs to be done in writing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago - 11 years 11 months ago #84628 by mermaid
Replied by mermaid on topic Re:ESA appeal tribunal query
Thank you very much for that clarification Gordon - much appreciated.
Last edit: 11 years 11 months ago by Gordon.

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