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SUCCESSFUL ESA APPEAL BUT NOW ESA(CB) STOPPED
- Roja1
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10 years 9 months ago - 10 years 9 months ago #123825 by Roja1
SUCCESSFUL ESA APPEAL BUT NOW ESA(CB) STOPPED was created by Roja1
On friday 1st august, after 12 months of fighting, i successfully appealed against the dwp's decision that i was not entitled to esa (support group).
I had been receiving i/b since 1998 & had won a previous appeal for that in 2002.
Between july 2013 & july 2014 i had been receiving esa(cb) at the assessment rate.
On 4th august i received a letter from the dwp dated 30th july in which they stated that under the 365 day rule, i was no longer entitled to esa(cb) & that i could apply for esa(ir) instead which would also take my wife's benefit into account (she has been in the support group since it started).
Apart from it looking incredibly coincidental that my 365 days ran out 2 days before my appeal (?), it leaves me in a bit of a conundrum. Do i contact the dwp & advise them of something they should already know, do i wait for them to catch up with their admin & repay what they owe over the last year & adjust future payments which would albeit in the short term, would impact very heavily on our income or do i apply for esa(ir) in the meantime ?
I had been receiving i/b since 1998 & had won a previous appeal for that in 2002.
Between july 2013 & july 2014 i had been receiving esa(cb) at the assessment rate.
On 4th august i received a letter from the dwp dated 30th july in which they stated that under the 365 day rule, i was no longer entitled to esa(cb) & that i could apply for esa(ir) instead which would also take my wife's benefit into account (she has been in the support group since it started).
Apart from it looking incredibly coincidental that my 365 days ran out 2 days before my appeal (?), it leaves me in a bit of a conundrum. Do i contact the dwp & advise them of something they should already know, do i wait for them to catch up with their admin & repay what they owe over the last year & adjust future payments which would albeit in the short term, would impact very heavily on our income or do i apply for esa(ir) in the meantime ?
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #123828 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SUCCESSFUL ESA APPEAL BUT NOW ESA(CB) STOPPED
Roja
The letter you received on 4 August would likely have been printed on 2 August so the DWP would have had no knowledge of your Tribunal result at that time, in fact it often takes 10-14 days before the Tribunals Decision Notice will have reached the right department and probably another 4 weeks before the result is put on their computer systems.
You may be able to speed up the process by contacting the DWP and arranging for the Decision Notice to be faxed through to the department that deals with them.
As it usually takes 6-8 weeks for the DWP to process the Tribunals Decision and make changes to the claimants payments, it may be worth your applying for ESA(IR) as now that you are in the Support Group you are eligible for the Enhanced Disability Premium if ESA(IR) is being paid either in full or as a top-up to your re-instated ESA(CB).
Gordon
The letter you received on 4 August would likely have been printed on 2 August so the DWP would have had no knowledge of your Tribunal result at that time, in fact it often takes 10-14 days before the Tribunals Decision Notice will have reached the right department and probably another 4 weeks before the result is put on their computer systems.
You may be able to speed up the process by contacting the DWP and arranging for the Decision Notice to be faxed through to the department that deals with them.
As it usually takes 6-8 weeks for the DWP to process the Tribunals Decision and make changes to the claimants payments, it may be worth your applying for ESA(IR) as now that you are in the Support Group you are eligible for the Enhanced Disability Premium if ESA(IR) is being paid either in full or as a top-up to your re-instated ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Roja1
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10 years 9 months ago - 10 years 9 months ago #123831 by Roja1
Replied by Roja1 on topic SUCCESSFUL ESA APPEAL BUT NOW ESA(CB) STOPPED
Thanks Gordon. I'll certainly contact them re. Faxing/emailing them the decision notice & i take note of your comments re. Esa(ir) however from past experience i have the feeling that they will treat this as a new claim which could take 11 weeks to process so unless anyone can suggest a way around it, it looks like i'm damned if i do & damned if i don't !
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #123832 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SUCCESSFUL ESA APPEAL BUT NOW ESA(CB) STOPPED
Roja1
Could I ask you not to post in capitals, it causes problems for members who use screen readers.
Gordon
Could I ask you not to post in capitals, it causes problems for members who use screen readers.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 9 months ago #123834 by Roja1
Replied by Roja1 on topic SUCCESSFUL ESA APPEAL BUT NOW ESA(CB) STOPPED
No problems Gordon, didn't realise.
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