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ESA going to stop dnt know what to do need HELP!
- oopsydaisy
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11 years 17 hours ago #121492 by oopsydaisy
ESA going to stop dnt know what to do need HELP! was created by oopsydaisy
Hi everyone this is my first post on here so hope i get it right? Lol.
Anyway i need help with what to do nxt. I had my tribunal for esa appeal last week and i was totally refused, So no ESA at all, it has taken 1yr 3mnths to get the hearing, I have been on the assesment rate for this time, I also recieve DLA which goes on a car for transport. I have been told by DWP that i cannot reclaim ESA for the same illness or disability as previously or it needs to be worse than before? I really cannot work due to a number of disabilitys. I heard that if the claim was over 6 mnths ago i can reclaim ESA? I did not have any representative at the hearing it was just my 20 year old daughter with me, i didnt know where to go for help so i did everything myself. Ive applied for a statement of reasons from the judge as i believe i cannot go any further without it? Do i have any grounds for setting the hearing aside i really feel the medical person wasnt listening and wasnt getting the answers he wanted me to say. Can anybody help i am willing to go on fighting for my right to ESA. Thanks.
Anyway i need help with what to do nxt. I had my tribunal for esa appeal last week and i was totally refused, So no ESA at all, it has taken 1yr 3mnths to get the hearing, I have been on the assesment rate for this time, I also recieve DLA which goes on a car for transport. I have been told by DWP that i cannot reclaim ESA for the same illness or disability as previously or it needs to be worse than before? I really cannot work due to a number of disabilitys. I heard that if the claim was over 6 mnths ago i can reclaim ESA? I did not have any representative at the hearing it was just my 20 year old daughter with me, i didnt know where to go for help so i did everything myself. Ive applied for a statement of reasons from the judge as i believe i cannot go any further without it? Do i have any grounds for setting the hearing aside i really feel the medical person wasnt listening and wasnt getting the answers he wanted me to say. Can anybody help i am willing to go on fighting for my right to ESA. Thanks.
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- Gordon
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11 years 17 hours ago #121494 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA going to stop dnt know what to do need HELP!
JA
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You can make a new claim for ESA based on your current conditions as more than six months have elapsed since the original Decision that found you Fit for Work, it is worth doing this whatever actions you decide to take on your original claim as you will not receive any further payment on this unless a new Decision is made in your favour.
As to the Tribunal Decision, you can only appeal based on their being an Error or Law in the proceedings, not because you disagree with the Decision
What is an Error of Law?
A first stage to this is to request a Statement of Reasons from the Tribunal Judge
Tribunals – Requesting a Statement of Reasons
Have a look at the following fact sheet that explains the process in more detail
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
If you have more questions about making a new claim, please reply to this post and we will do our best to help.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You can make a new claim for ESA based on your current conditions as more than six months have elapsed since the original Decision that found you Fit for Work, it is worth doing this whatever actions you decide to take on your original claim as you will not receive any further payment on this unless a new Decision is made in your favour.
As to the Tribunal Decision, you can only appeal based on their being an Error or Law in the proceedings, not because you disagree with the Decision
What is an Error of Law?
A first stage to this is to request a Statement of Reasons from the Tribunal Judge
Tribunals – Requesting a Statement of Reasons
Have a look at the following fact sheet that explains the process in more detail
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
If you have more questions about making a new claim, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: oopsydaisy
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- oopsydaisy
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11 years 1 hour ago #121500 by oopsydaisy
Replied by oopsydaisy on topic ESA going to stop dnt know what to do need HELP!
Thankyou for your reply. Could i just ask who i address the request for a statement of reasons too please? Also i asked for an ajournment originally and was refused and then out of the blue i received another date, could this be seen as an error of some sort? Also can i re-apply for esa before it has been stopped? Thanks so much.
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- slugsta
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11 years 1 hour ago #121507 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA going to stop dnt know what to do need HELP!
The link supplied above tells you how/where to apply for the Statement of Reasons.
You can re-apply for ESA whenever you like (as long as you still qualify under NI contributions or income). If less than 6 months has passed since the original decision, and your condition has not worsened appreciably meanwhile, then you will not be paid until you have attended an assessment.
You can re-apply for ESA whenever you like (as long as you still qualify under NI contributions or income). If less than 6 months has passed since the original decision, and your condition has not worsened appreciably meanwhile, then you will not be paid until you have attended an assessment.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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11 years 1 hour ago #121508 by Gordon
The request for a SoR should be sent to the Tribunal Service office that dealt with your hearing, they will acknowledge receipt but it could take 2-3 months for you to receive the reports.
You can make a new claim for ESA starting from the day after your current ESA payments end.
I think it very unlikely that the adjournment and re-hearing would constitute an Error of Law, providing you notified properly e.g. two weeks, and even if you did not, you would still need to show that your case was compromised by the delay.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA going to stop dnt know what to do need HELP!
oopsydaisy wrote: Thankyou for your reply. Could i just ask who i address the request for a statement of reasons too please? Also i asked for an ajournment originally and was refused and then out of the blue i received another date, could this be seen as an error of some sort? Also can i re-apply for esa before it has been stopped? Thanks so much.
The request for a SoR should be sent to the Tribunal Service office that dealt with your hearing, they will acknowledge receipt but it could take 2-3 months for you to receive the reports.
You can make a new claim for ESA starting from the day after your current ESA payments end.
I think it very unlikely that the adjournment and re-hearing would constitute an Error of Law, providing you notified properly e.g. two weeks, and even if you did not, you would still need to show that your case was compromised by the delay.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta
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