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didnt recieve letters from atos - declared fit
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12 years 10 months ago #83057 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:didnt recieve letters from atos - declared fit
Chris
Your first appeal is regarding a failure to notify you of an ESA medical.
If you win this, then your original claim will be re-activated and your second claim closed. You should expect your IB payments to be re-instated and paid until a Decision is made following a medical on your original claim.
If this appeal fails, then your second claim would continue, but there will be no back payment of IB and you would lose any Transitional Protection you would have been eligible for.
If you fail the medical, whether this is part of your original claim or the second one, then a new appeal could be lodged with regard you being Fit for Work.
This second appeal would not override the first as you are appealing two seperate Decisions.
I hope this explains it
Gordon
Your first appeal is regarding a failure to notify you of an ESA medical.
If you win this, then your original claim will be re-activated and your second claim closed. You should expect your IB payments to be re-instated and paid until a Decision is made following a medical on your original claim.
If this appeal fails, then your second claim would continue, but there will be no back payment of IB and you would lose any Transitional Protection you would have been eligible for.
If you fail the medical, whether this is part of your original claim or the second one, then a new appeal could be lodged with regard you being Fit for Work.
This second appeal would not override the first as you are appealing two seperate Decisions.
I hope this explains it
Gordon
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12 years 10 months ago - 12 years 10 months ago #83215 by cc
Replied by cc on topic Re:didnt recieve letters from atos - declared fit
ok they finally confirmed they got my appeal after my sister took it to job centre although it wasnt good that the job centre refused to give a receipt and they refused to give my original sick note back which I still need for my new ESA claim.
Also I think I am going to ask my MP for a 2nd letter as my sister made a good point my MP wasnt been very assertive eg. the MP worded the letter to say only I was unhappy and didnt say the specific wrong postcode that was read out (instead just said a wrong postcode was read out) yet to my face the MP said she was disgusted how the decision makers spoke to her.
I couldnt apply for ESA over the phone seems a block is on their system so I am waiting for a form in the post which I will send back when it arrives. As I havent had anything back from my SAR request yet I dont have a copy of the ESA50 I sent back in dec so will have to remember everything again to fill in. I calculated that when removed the xmas holidays my medical was booked 8 days after I returned the ESA50 form, this suggests that either my areas has no real backlog (dispite reports) or they fast tracked me, and one has to wonder if I was fats tracked for some reason. Now I wont get any money until I have a medical I am very curious if the same fast tracking will happen now the DWP have no motivation to do it.
Also I think I am going to ask my MP for a 2nd letter as my sister made a good point my MP wasnt been very assertive eg. the MP worded the letter to say only I was unhappy and didnt say the specific wrong postcode that was read out (instead just said a wrong postcode was read out) yet to my face the MP said she was disgusted how the decision makers spoke to her.
I couldnt apply for ESA over the phone seems a block is on their system so I am waiting for a form in the post which I will send back when it arrives. As I havent had anything back from my SAR request yet I dont have a copy of the ESA50 I sent back in dec so will have to remember everything again to fill in. I calculated that when removed the xmas holidays my medical was booked 8 days after I returned the ESA50 form, this suggests that either my areas has no real backlog (dispite reports) or they fast tracked me, and one has to wonder if I was fats tracked for some reason. Now I wont get any money until I have a medical I am very curious if the same fast tracking will happen now the DWP have no motivation to do it.
Last edit: 12 years 10 months ago by slugsta.
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12 years 10 months ago #83220 by Gordon
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Replied by Gordon on topic Re:didnt recieve letters from atos - declared fit
Chris
You can download an ESA1 ESA application from from the following link
www.dwp.gov.uk/advisers/claimforms/esa1.pdf
The ESA medical booking process operates independantly from the ESA50 tracking process so it is quite common for a medical to be booked before the ESA50 has been returned or at the very least. properly processed.
Good luck
Gordon
You can download an ESA1 ESA application from from the following link
www.dwp.gov.uk/advisers/claimforms/esa1.pdf
The ESA medical booking process operates independantly from the ESA50 tracking process so it is quite common for a medical to be booked before the ESA50 has been returned or at the very least. properly processed.
Good luck
Gordon
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12 years 10 months ago - 12 years 10 months ago #83287 by cc
Replied by cc on topic Re:didnt recieve letters from atos - declared fit
yeah I might do that although then I dont get a pre paid envelope.
this month I have spent £35 on calls to DWP.
My MP had a reply stating more of the same, they told my MP the address was right and they consider this good enough even tho it remains they have no proof of delivery and the decision maker told me on the phone thw DWP address was wrong, yet the reply to my MP said both were right, so more inconsistency.
Do I have a realistic chance of winning? I know I have a good reason but its what the law thinks that counts. I assume if they letting this goto appeal they are confident of winning, I also cant get representation.
this month I have spent £35 on calls to DWP.
My MP had a reply stating more of the same, they told my MP the address was right and they consider this good enough even tho it remains they have no proof of delivery and the decision maker told me on the phone thw DWP address was wrong, yet the reply to my MP said both were right, so more inconsistency.
Do I have a realistic chance of winning? I know I have a good reason but its what the law thinks that counts. I assume if they letting this goto appeal they are confident of winning, I also cant get representation.
Last edit: 12 years 10 months ago by Gordon.
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12 years 10 months ago #83295 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:didnt recieve letters from atos - declared fit
Chris
I'm afraid that no one here can realistically predict the outcome, however, you have nothing to lose, and much to gain by pursuing the appeal.
That said, your immediate focus has got be in getting a new claim started and processed.
Good luck
Gordon
I'm afraid that no one here can realistically predict the outcome, however, you have nothing to lose, and much to gain by pursuing the appeal.
That said, your immediate focus has got be in getting a new claim started and processed.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 10 months ago #83328 by cc
Replied by cc on topic Re:didnt recieve letters from atos - declared fit
it says I need a P45 on the form and sicknote, no P45 as its many years since I last worked, do I still need it?
also my local job centre kept my sicknote, I just put the jobcentre has it?
thanks
also my local job centre kept my sicknote, I just put the jobcentre has it?
thanks
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