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ESA Tribunal
- Molly21
- Topic Author
13 years 2 months ago #73387 by Molly21
ESA Tribunal was created by Molly21
Hi there I just joined today and I wonder if anyone can help.
I applied for ESA in January 2010 after suffering the death of my son, mother ,father and best friend within the space of a year.I have been severley depressed and have been through all the DSS hoops culminating last Wednesday with a Tribunal.
ATOS 'assessor'awarded me 0 points. At the Tribunal I was awarded 24 points.
I phoned the DSS to find out what happens now as I have received no money from them since my application last year.
I was told that I would get nothing as I did not provide medical evidence and would have to go to another Tribunal.
My GP has given me medical certificates from last year to date and I was also assessed by an independant Doctor.
Can the DSS do this as it would seem that they will be ignoring the Tribunal.
Sorry this is so long
kind regards
Molly21
I applied for ESA in January 2010 after suffering the death of my son, mother ,father and best friend within the space of a year.I have been severley depressed and have been through all the DSS hoops culminating last Wednesday with a Tribunal.
ATOS 'assessor'awarded me 0 points. At the Tribunal I was awarded 24 points.
I phoned the DSS to find out what happens now as I have received no money from them since my application last year.
I was told that I would get nothing as I did not provide medical evidence and would have to go to another Tribunal.
My GP has given me medical certificates from last year to date and I was also assessed by an independant Doctor.
Can the DSS do this as it would seem that they will be ignoring the Tribunal.
Sorry this is so long
kind regards
Molly21
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- RachelPotter
13 years 2 months ago #73389 by RachelPotter
Replied by RachelPotter on topic Re:ESA Tribunal
Hi Molly, so sorry that you have been through so much.
It can take 6 weeks or so for the DWP to pay any money after a tribunal.
It may speed things up if you send them a photocopy of your tribunal notification, recorded delivery.
Best wishes,
Rachel
It can take 6 weeks or so for the DWP to pay any money after a tribunal.
It may speed things up if you send them a photocopy of your tribunal notification, recorded delivery.
Best wishes,
Rachel
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- Gordon
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13 years 2 months ago #73390 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Tribunal
Molly21
The results of a Tribunal are binding on both parties, unless one of them appeals to the Upper Tribunal, however, this can only be done if they can show there has been an error of law.
If your hearing was only last week, it is very unlikely that the Decision letter will have reached the DWP yet, which may explain their response.
You can expedite the process, by faxing them a copy of your letter, but it can still take many weeks to progress back payments.
Gordon
The results of a Tribunal are binding on both parties, unless one of them appeals to the Upper Tribunal, however, this can only be done if they can show there has been an error of law.
If your hearing was only last week, it is very unlikely that the Decision letter will have reached the DWP yet, which may explain their response.
You can expedite the process, by faxing them a copy of your letter, but it can still take many weeks to progress back payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RachelPotter
13 years 2 months ago #73391 by RachelPotter
Replied by RachelPotter on topic Re:ESA Tribunal
Molly, you should have been paid at the ESA assessment rate all the time you were waiting to go to tribunal?
Rachel
Rachel
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- Molly21
- Topic Author
13 years 2 months ago #73393 by Molly21
Replied by Molly21 on topic Re:ESA Tribunal
Thank you Both so much for your reply. I will do as you suggest.
I just wish I had found this site earlier
kind regards Molly21
I just wish I had found this site earlier
kind regards Molly21
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- lindat
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- Posts: 202
13 years 2 months ago #73394 by lindat
Replied by lindat on topic Re:ESA Tribunal
as Rachel said you should have been getting ESA at the assesment rate and DWP owe you that money
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