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ESA stopped
- L
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2 years 7 months ago #271588 by L
Replied by L on topic ESA stopped
Thank you so much to both of you for the extra information, this all helps.
I never went a penny over £143, and I have all wage slips available. However, I'm thinking the DWP may argue over their wording just on the permitted work form, which I signed, which does actually say 'less than' after having looked at it again.
So I'll try to search online for the legislation you have quoted above, because that pretty much backs up my argument. I think any information I can get that that comes directly from their own sources which argues my case is a positive thing.
Fingers crossed and I'll keep you updated. Thanks again for the help.
I never went a penny over £143, and I have all wage slips available. However, I'm thinking the DWP may argue over their wording just on the permitted work form, which I signed, which does actually say 'less than' after having looked at it again.
So I'll try to search online for the legislation you have quoted above, because that pretty much backs up my argument. I think any information I can get that that comes directly from their own sources which argues my case is a positive thing.
Fingers crossed and I'll keep you updated. Thanks again for the help.
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2 years 7 months ago #271617 by L
Replied by L on topic ESA stopped
Just a quick update. I've emailed my local MP (conservative) and today i received a reply
"Dear L,
Thank you for emailing xxxxxx MP and we appreciate you taking the time to make contact.
I was so sorry to learn about these difficult issues.
We have made enquiries, on your behalf, regarding these issues.
As soon as xxxxxx receives a response I shall let you know."
Not sure to who the enquires were made.
Also still awaiting to hear if my tribunal is going ahead, as they have had to ask DWP for a record of my declined MR notice. Guess it's a waiting game...
"Dear L,
Thank you for emailing xxxxxx MP and we appreciate you taking the time to make contact.
I was so sorry to learn about these difficult issues.
We have made enquiries, on your behalf, regarding these issues.
As soon as xxxxxx receives a response I shall let you know."
Not sure to who the enquires were made.
Also still awaiting to hear if my tribunal is going ahead, as they have had to ask DWP for a record of my declined MR notice. Guess it's a waiting game...
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2 years 7 months ago #271623 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA stopped
L
It is irrelevant what is printed on the PW form, all that matters is what the legislation says.
Gordon
It is irrelevant what is printed on the PW form, all that matters is what the legislation says.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- L
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2 years 6 months ago #271944 by L
Replied by L on topic ESA stopped
Good afternoon
Just another quick update. I have still yet to be sent any MR decision letters despite it being nearly a month after lodging it, and being told verbally on the phone on 17th June that it had been refused. I rang up on 24th June to chase this up, and the lady said she would send it to me again (I hadn't had one sent in the first place but she was adamant they "get sent out automatically"). The lady said my letter would get to me last week. It hasnt yet.
During this time, I lodged an appeal with the tribunal. I received a letter dating 27th june from the tribunal saying my appeal can continue and that they are unclear the MR process has taken place. The directions are that the secretary of state for work and pensions needs to confirm I've requested a MR. If they say I haven't, the appeal is to be treated as a request. I also need to send in a copy of the decision I'm wanting to appeal against (as above, ive still received no letter). And if the dwp (as I believe they will) suggest i haven't had one, the tribunal may strike out the appeal. I've got until 18th July to send in my side of directions.
The only evidence I have of the MR is the phone call dates and times. I've been especially bad with my mental health at the minute, my head has been all over the place and I didn't think to request it in writing. I have also been severely paranoid in the last month or so, convinced im being followed and watched, and this coupled with having a history of psychosis, having no correspondence from the dwp etc has ended in me recording the last esa phone call for my own purposes. In this phone call, the lady does tell me she will send out my MR decision form. I've also requested a SAR which should get to me by 21st July.
My question is, if they lie and say I've not had a MR, can I use the dates/times of phone calls and/or the transcript of the phone call for evidence?
Many thanks for any help and I hope all of that made sense because I'm really struggling at the minute.
Just another quick update. I have still yet to be sent any MR decision letters despite it being nearly a month after lodging it, and being told verbally on the phone on 17th June that it had been refused. I rang up on 24th June to chase this up, and the lady said she would send it to me again (I hadn't had one sent in the first place but she was adamant they "get sent out automatically"). The lady said my letter would get to me last week. It hasnt yet.
During this time, I lodged an appeal with the tribunal. I received a letter dating 27th june from the tribunal saying my appeal can continue and that they are unclear the MR process has taken place. The directions are that the secretary of state for work and pensions needs to confirm I've requested a MR. If they say I haven't, the appeal is to be treated as a request. I also need to send in a copy of the decision I'm wanting to appeal against (as above, ive still received no letter). And if the dwp (as I believe they will) suggest i haven't had one, the tribunal may strike out the appeal. I've got until 18th July to send in my side of directions.
The only evidence I have of the MR is the phone call dates and times. I've been especially bad with my mental health at the minute, my head has been all over the place and I didn't think to request it in writing. I have also been severely paranoid in the last month or so, convinced im being followed and watched, and this coupled with having a history of psychosis, having no correspondence from the dwp etc has ended in me recording the last esa phone call for my own purposes. In this phone call, the lady does tell me she will send out my MR decision form. I've also requested a SAR which should get to me by 21st July.
My question is, if they lie and say I've not had a MR, can I use the dates/times of phone calls and/or the transcript of the phone call for evidence?
Many thanks for any help and I hope all of that made sense because I'm really struggling at the minute.
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2 years 6 months ago #271982 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA stopped
Hi L
You can do an out of time appeal, you have up to 13 months.
Make a note on the appeal form as to why it is outside the one month time limit, not had one turned down yet.
Gary
You can do an out of time appeal, you have up to 13 months.
Make a note on the appeal form as to why it is outside the one month time limit, not had one turned down yet.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 6 months ago #272088 by L
Replied by L on topic ESA stopped
Hi Gary. Thanks for this information.
Just for clarification:-
Does this mean that even though I've already lodged an appeal to the tribunal, and they've now sent me a numbered list of what to include (ie evidence of MR)...
Are you saying I can ignore that until I get the correct information from ESA (letter confirming MR)? It stated on the form that If I don't send the information they require the appeal will basically be overturned. I have until 17th July.
Thanks for any clarification.
Just for clarification:-
Does this mean that even though I've already lodged an appeal to the tribunal, and they've now sent me a numbered list of what to include (ie evidence of MR)...
Are you saying I can ignore that until I get the correct information from ESA (letter confirming MR)? It stated on the form that If I don't send the information they require the appeal will basically be overturned. I have until 17th July.
Thanks for any clarification.
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