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ESA medical......for second time!
- simon
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10 years 10 months ago #105479 by simon
Replied by simon on topic ESA medical......for second time!
Hi Gordon....the dates are right.....I received a letter at the end of 2011 and about changes in Welfare benefit if it gets approved by parliament.
I would then lose financial payment at the end of April 2012.....because I had already received 12 months of payment.
I sent in an appeal in Jan 2012 and have been waiting ever since for resolution.....so that's about 16 months til my medical.
I would then lose financial payment at the end of April 2012.....because I had already received 12 months of payment.
I sent in an appeal in Jan 2012 and have been waiting ever since for resolution.....so that's about 16 months til my medical.
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- Gordon
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10 years 10 months ago #105484 by Gordon
I was wondering if that was the case.
The problem is, from your posts, you have no right of appeal.
The time limiting of ESA(CB) payments is not an appealable Decision and as the previous Decision was the result of a Tribunal it can only be appealed to the Upper Tribunal and even if it was not, you were outside the maximum 13 months for an appeal to be lodged.
The only way that an appeal could be accepted would be if a new Decision, resulting from either a re-assessment initiated by the DWP or you had been made at the beginning of 2012.
I would have expected the DWP to have informed you of this, although it is perfectly possible that their own admin has failed, but I would be very surprised if you have an appeal running.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical......for second time!
simon wrote: Hi Gordon....the dates are right.....I received a letter at the end of 2011 and about changes in Welfare benefit if it gets approved by parliament.
I would then lose financial payment at the end of April 2012.....because I had already received 12 months of payment.
I sent in an appeal in Jan 2012 and have been waiting ever since for resolution.....so that's about 16 months til my medical.
I was wondering if that was the case.
The problem is, from your posts, you have no right of appeal.
The time limiting of ESA(CB) payments is not an appealable Decision and as the previous Decision was the result of a Tribunal it can only be appealed to the Upper Tribunal and even if it was not, you were outside the maximum 13 months for an appeal to be lodged.
The only way that an appeal could be accepted would be if a new Decision, resulting from either a re-assessment initiated by the DWP or you had been made at the beginning of 2012.
I would have expected the DWP to have informed you of this, although it is perfectly possible that their own admin has failed, but I would be very surprised if you have an appeal running.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- simon
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10 years 10 months ago #105490 by simon
Replied by simon on topic ESA medical......for second time!
Thanks for that info Gordon.......my letter of Jan 2012 that I sent the DWP was just to explain to them that I didn't know what to do so I am appealing anyway.
They acknowledge receipt of it by phone and in May my advocate found out that (no-one told me) they need guidance on the matter because of the time limit.
I had my advocate chasing it all last year.....sent in copies of letters....they even asked me for a copy of my tribunal decision as they had no copy of it themselves......they had been paying me the full rate since I won back in Sept 2010 though so they must of had it, lol
They never once said to my advocate that I haven't got an appeal running.
In Jan this year the last straw came when they said they're not treating my case as urgent now......(they could have said a year before!)....so I contacted my MP.
They acknowledge receipt of it by phone and in May my advocate found out that (no-one told me) they need guidance on the matter because of the time limit.
I had my advocate chasing it all last year.....sent in copies of letters....they even asked me for a copy of my tribunal decision as they had no copy of it themselves......they had been paying me the full rate since I won back in Sept 2010 though so they must of had it, lol
They never once said to my advocate that I haven't got an appeal running.
In Jan this year the last straw came when they said they're not treating my case as urgent now......(they could have said a year before!)....so I contacted my MP.
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- Gordon
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10 years 10 months ago #105492 by Gordon
It sounds like you need to contact the DWP and your advocate for an update.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical......for second time!
simon wrote: Thanks for that info Gordon.......my letter of Jan 2012 that I sent the DWP was just to explain to them that I didn't know what to do so I am appealing anyway.
They acknowledge receipt of it by phone and in May my advocate found out that (no-one told me) they need guidance on the matter because of the time limit.
I had my advocate chasing it all last year.....sent in copies of letters....they even asked me for a copy of my tribunal decision as they had no copy of it themselves......they had been paying me the full rate since I won back in Sept 2010 though so they must of had it, lol
They never once said to my advocate that I haven't got an appeal running.
In Jan this year the last straw came when they said they're not treating my case as urgent now......(they could have said a year before!)....so I contacted my MP.
It sounds like you need to contact the DWP and your advocate for an update.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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