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ESA Award Periods [ & Grounds for Appeal?]
- Augustus
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12 years 4 months ago #93213 by Augustus
ESA Award Periods [ & Grounds for Appeal?] was created by Augustus
I am currently receiving ESA [Support] for 12 months and this period is soon coming to an end. I would like to know two things:
1. When I am ATOS re-assessed after that time has passed, if ESA [Support] is re-awarded for a shorter period, even if my condition is unchanged, is that shorter period per se, grounds for an appeal?
If not, is this one circumstance when a plain reconsideration of decision request would be a good idea?
2. In practice today, what is the maximum period ESA is being awarded? And in terms of the law, what is the max. period possible?
Thank you for reading this. I hope somebody can clarify things.
A
1. When I am ATOS re-assessed after that time has passed, if ESA [Support] is re-awarded for a shorter period, even if my condition is unchanged, is that shorter period per se, grounds for an appeal?
If not, is this one circumstance when a plain reconsideration of decision request would be a good idea?
2. In practice today, what is the maximum period ESA is being awarded? And in terms of the law, what is the max. period possible?
Thank you for reading this. I hope somebody can clarify things.
A
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- slugsta
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12 years 4 months ago #93219 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA Award Periods [ & Grounds for Appeal?]
Hi Augustus,
1) Unlike DLA, ESA is an open-ended benefit and the reassessment is only advisory. therefore this is not part of the 'decision' and cannot be appealed. he same would go for reconsideration, I think.
2) The maximum length we are aware of is 3 years.
1) Unlike DLA, ESA is an open-ended benefit and the reassessment is only advisory. therefore this is not part of the 'decision' and cannot be appealed. he same would go for reconsideration, I think.
2) The maximum length we are aware of is 3 years.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Augustus
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12 years 4 months ago #93221 by Augustus
Replied by Augustus on topic Re:ESA Award Periods [ & Grounds for Appeal?]
Thanks for the speedy reply but I don't understand. In practice does this mean that if I were to be re-awarded on a shorter time-span there is nothing I could do?
Thanks
Thanks
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- slugsta
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12 years 4 months ago #93227 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA Award Periods [ & Grounds for Appeal?]
Augustus wrote:
Yes, as I understand it, that is correct.
Thanks for the speedy reply but I don't understand. In practice does this mean that if I were to be re-awarded on a shorter time-span there is nothing I could do?
Thanks
Yes, as I understand it, that is correct.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Francis
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12 years 4 months ago #93254 by Francis
Replied by Francis on topic Re:ESA Award Periods [ & Grounds for Appeal?]
Hi Augustus
I was put in the Support group (after moving from IB) for a year. I have just been reassessed & awarded Support Group for 18mths. I made it very clear on my ESA50 how much the procedure worsened my mental health. Whether that had any impact I don't know. I hope your reassessment goes well & you have a longer period of grace next time.
Francis
I was put in the Support group (after moving from IB) for a year. I have just been reassessed & awarded Support Group for 18mths. I made it very clear on my ESA50 how much the procedure worsened my mental health. Whether that had any impact I don't know. I hope your reassessment goes well & you have a longer period of grace next time.
Francis
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