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ESA Appeal

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11 years 7 months ago #91426 by Wilderbeast 66
ESA Appeal was created by Wilderbeast 66
Hiya Folks. I was on cont based ESA since 2009 in the WRAG. I had a medical just before they stopped my payment due to the 365 day law. they gave me 0 points, so i appealed against the decision in middle May 2012. Since then i have had one letter from the DWP explaining that they couldn't pay me even thought i was appealing the decision due to the 365day law. After 3 or 4 expensive phone calls i have still not heard anything in writing from the DWP! From the phone calls i have made i have found out that they are reassessing my claim. Today i have rang them again and they are still no further forward. i was told i could have to wait another 4 - 6 weeks before my claim is reassessed. After struggling financially for the last 5 months the DWP told me i could claim JSA. I tried to make a claim but was told that even though i was declared fit for work by the DWP/ATOS i couldn't claim JSA until my doctor has signed me fit for work which he is reluctant to do due to my medication and condition. Does anyone know if i claim JSA would that affect my appeal in anyway? (that's if i can convince my doctor to sign me fit for work) Is it me or is 5 months to re-asses a claim excessive? If they upheld their decision do you think it will take the 24 odd weeks to go through to tribunal or do the latest figures include the time to firstly reassess claims?... Many Thanks Cliff

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11 years 7 months ago #91428 by slugsta
Replied by slugsta on topic Re:ESA Appeal
I submitted my ESA appeal in mid-April and, like you, are still waiting to hear about the recon. It seems that the whole system is grinding to a halt!

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11 years 7 months ago #91435 by Gordon
Replied by Gordon on topic Re:ESA Appeal
W66

In principle you can claim JSA whilst appealing an ESA Fit for Work Decision without fault, but are you sure you can meet the JSA requirements for seeking work.

I am afraid the times to Tribunal do not include the DWP Reconsideration period.

I am assuming that you have checked that you are not eligible for Income Related ESA.

Gordon

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11 years 7 months ago - 11 years 7 months ago #91437 by Wilderbeast 66
Replied by Wilderbeast 66 on topic Re:ESA Appeal
My wife works 30 hours p/w so i am not entitled to IB-ESA LOL

If i am honest then i don't think i would meet the requirements for JSA I'm just trying to do anything i can to survive at the moment. Didnt think that the time included the recon time but was hoping ... yet again!
Cheers Gordon.
Last edit: 11 years 7 months ago by Gordon.

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11 years 7 months ago #91441 by chrissy v
Replied by chrissy v on topic Re:ESA Appeal
Just a quick qustion to all Mods, do you only receive the assessment of ESA for 13 weeks if you are appealing the WCA.

CV

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11 years 7 months ago #91442 by slugsta
Replied by slugsta on topic Re:ESA Appeal
If you have been found fit for work and are appeaing that decision, the assessment rate will be paid until a new decision has been made (at reconsideraton or by tribunal). If put in WRAG and appealing for Support Group, the WRAG amount will be paid until the appeal is heard.

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