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confused over ESA
- lochlisa
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11 years 9 months ago - 11 years 9 months ago #87891 by lochlisa
confused over ESA was created by lochlisa
hi all,
a friend got their 365 day limit letter for ESA.
he was in WRAG and should have been in support. he has never received a letter telling him what group he was in and only discovered this when he received his 365 days limit letter.
his consultants reports are overwhelming for support group but the DWP ignored them and placed him in WRAG.
however, he made such a big song and dance about not getting the award letter that the DWP had him reassessed 25 days AFTER his 365 days were up and decided that he should still only get WRAG and that his ESA days were now over.
So, as he did not get the original award letter he failed to appeal. This is now outside the 13 month rule. But, if the DWP reassessed him after the end of his ESA 365 days is there any way this can be appealed?
I want him to appeal to the Upper Tribunal for an extension to the 13 months as he had not been notified of his award.
Thank you for any help on this one as it is a strange one !
Lisa
a friend got their 365 day limit letter for ESA.
he was in WRAG and should have been in support. he has never received a letter telling him what group he was in and only discovered this when he received his 365 days limit letter.
his consultants reports are overwhelming for support group but the DWP ignored them and placed him in WRAG.
however, he made such a big song and dance about not getting the award letter that the DWP had him reassessed 25 days AFTER his 365 days were up and decided that he should still only get WRAG and that his ESA days were now over.
So, as he did not get the original award letter he failed to appeal. This is now outside the 13 month rule. But, if the DWP reassessed him after the end of his ESA 365 days is there any way this can be appealed?
I want him to appeal to the Upper Tribunal for an extension to the 13 months as he had not been notified of his award.
Thank you for any help on this one as it is a strange one !
Lisa
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #87894 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:confused over ESA
LL
We can't offer legal advice regarding whether an appeal over the 13 months would be accepted or is even legal! It is certainly not something that a lay person should be considering without expert advice.
With regard the latest Decision on their claim, this is appealable in the normal way and if your friend is placed in the Support Group, their ESA(CB) payments would be re-instated.
Gordon
We can't offer legal advice regarding whether an appeal over the 13 months would be accepted or is even legal! It is certainly not something that a lay person should be considering without expert advice.
With regard the latest Decision on their claim, this is appealable in the normal way and if your friend is placed in the Support Group, their ESA(CB) payments would be re-instated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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