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non payment of basic ESA Appeal
- Sue
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13 years 1 month ago #77293 by Sue
non payment of basic ESA Appeal was created by Sue
Hi
Can someone help. A member of a forum I'm a member of again was found fit for work. This is the second time after successfully the last time, overturning the decision at tribunal.
However on this occasion she's been told she will not receive any payment until someone ,somewhere decides she has a right to appeal.
There have been rumours of this change, due to the high number of people appealing. Does anyone know more about what is happening and what advice to give her.
thank you
Can someone help. A member of a forum I'm a member of again was found fit for work. This is the second time after successfully the last time, overturning the decision at tribunal.
However on this occasion she's been told she will not receive any payment until someone ,somewhere decides she has a right to appeal.
There have been rumours of this change, due to the high number of people appealing. Does anyone know more about what is happening and what advice to give her.
thank you
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 1 month ago #77297 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:non payment of basic ESA Appeal
See ESA Resources then scroll down to Employment and Support Allowance appeals, where you will find 'Employment and Support Appeals' -New November 2011
ESA is not my area of speciality, so hopefully another moderator with good knowledge
of ESA can assist you.
ESA is not my area of speciality, so hopefully another moderator with good knowledge
of ESA can assist you.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Sue
- Topic Author
13 years 1 month ago #77298 by Sue
Replied by Sue on topic Re:non payment of basic ESA Appeal
thank you, I have that document but it has changed
She has been told she is not allowed to appeal to first tier tribunal, it has to go to reconsideration and hence will be receive no payments until that decision
She has been told she is not allowed to appeal to first tier tribunal, it has to go to reconsideration and hence will be receive no payments until that decision
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- Gordon
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13 years 1 month ago #77302 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:non payment of basic ESA Appeal
Sue wrote:
Providing your friend was Found Fit for Work because they failed the ESA medical, and not for some other reason (e.g. failing to attend the medical), then they are entitled to lodge an appeal against that Decision and to receive ESA at the Assessment rate while they wait.
I would suggest they contact the Customer Services manager at their local BDC, they may also be interested in the follwoing FAQ.
Complaining to the DWP
Gordon
There were some discussions on this a while ago, but as far as I am aware there have been no attempt to implement it, I'm not even sure that it could be without a change to the legislation.thank you, I have that document but it has changed
She has been told she is not allowed to appeal to first tier tribunal, it has to go to reconsideration and hence will be receive no payments until that decision
Providing your friend was Found Fit for Work because they failed the ESA medical, and not for some other reason (e.g. failing to attend the medical), then they are entitled to lodge an appeal against that Decision and to receive ESA at the Assessment rate while they wait.
I would suggest they contact the Customer Services manager at their local BDC, they may also be interested in the follwoing FAQ.
Complaining to the DWP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Sue
- Topic Author
13 years 1 month ago #77303 by Sue
Replied by Sue on topic Re:non payment of basic ESA Appeal
thanks Gordon, she was found Fit for Work but told she couldn't appeal. So confused
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- Gordon
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13 years 1 month ago #77305 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:non payment of basic ESA Appeal
Make sure they have completed a GL24 Appeal form, you can download one on the following link.
www.dwp.gov.uk/docs/gl24dwp.pdf
there are instructions for completing it in the ESA Appeals guide, see
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
www.dwp.gov.uk/docs/gl24dwp.pdf
there are instructions for completing it in the ESA Appeals guide, see
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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