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DWP phone call re ESA assessment
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8 years 6 months ago #191563 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy
Providing this was the first time that you were found Fit for Work, then when the DWP receive notification of your appeal from the Tribunal Service then you can request that you are put back on the ESA Assessment rate until your hearing is heard.
If you can provide a Fit Note starting from the day after your were found Fit for Work, then the ESA will be back dated until then minus any benefit that you received during your MR (e.g. JSA).
Gordon
Providing this was the first time that you were found Fit for Work, then when the DWP receive notification of your appeal from the Tribunal Service then you can request that you are put back on the ESA Assessment rate until your hearing is heard.
If you can provide a Fit Note starting from the day after your were found Fit for Work, then the ESA will be back dated until then minus any benefit that you received during your MR (e.g. JSA).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Gaddy
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8 years 6 months ago #191568 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Thank you Gordon.
When you say the first time you were found fit for work does that include a previous assessment and subsequent appeal that overturned the decision, I think this was 2013/2014. I was originally awarded 0 points then but awarded 27 at appeal. This took place the same year but before Mandatory Reconsiderations became part of the appeal process.
When you say the first time you were found fit for work does that include a previous assessment and subsequent appeal that overturned the decision, I think this was 2013/2014. I was originally awarded 0 points then but awarded 27 at appeal. This took place the same year but before Mandatory Reconsiderations became part of the appeal process.
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8 years 6 months ago #191571 by Gordon
That doesn't count as the FfW Decision was overturned, so you should be OK to claim the Assessment rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy wrote: Thank you Gordon.
When you say the first time you were found fit for work does that include a previous assessment and subsequent appeal that overturned the decision, I think this was 2013/2014. I was originally awarded 0 points then but awarded 27 at appeal. This took place the same year but before Mandatory Reconsiderations became part of the appeal process.
That doesn't count as the FfW Decision was overturned, so you should be OK to claim the Assessment rate.
Gordon
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8 years 6 months ago #191577 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Thanks again Gordon at least I can get back to some kind of income be it somewhat reduced!
Have you any idea of current wait time for tribunals please, I am in the South East, Surrey?
Have you any idea of current wait time for tribunals please, I am in the South East, Surrey?
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8 years 6 months ago #191580 by Gordon
Contact the TS they should be able to give you an idea on wait times.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy wrote: Have you any idea of current wait time for tribunals please, I am in the South East, Surrey?
Contact the TS they should be able to give you an idea on wait times.
Gordon
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8 years 6 months ago #191581 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Thanks Gordon, will do.
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