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question on challenge first tier tribrunal decisio
- neal76
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11 years 9 months ago - 11 years 9 months ago #110353 by neal76
question on challenge first tier tribrunal decisio was created by neal76
Good afternoon, l recently lost my appeal re esa ,the distance adviser sent for the statement of reason,l received a letter today sayingthere is scope to appeal to the upper tribuneral ,on the grounds of of the case of Charlton v secetary of state,
my question is after l lost my appeal ,l could allow my husband to claim income support because he claims carers allowance for myself
l re claimed esa on grounds of anxiety-depression,and was granted esa
if my distance rep goes ahead and challenges the first tier decision.
how will this affect payment of my new esa claim,as l see that in some instances payement is not payed
we had to claim something as we would have sunk,if it does affect payment and l wish to challenge the first tribunerals decision
could my husband claim income support,and if l win go back on esa,im mindfull of my dla being challenged
thankyou in advance
my question is after l lost my appeal ,l could allow my husband to claim income support because he claims carers allowance for myself
l re claimed esa on grounds of anxiety-depression,and was granted esa
if my distance rep goes ahead and challenges the first tier decision.
how will this affect payment of my new esa claim,as l see that in some instances payement is not payed
we had to claim something as we would have sunk,if it does affect payment and l wish to challenge the first tribunerals decision
could my husband claim income support,and if l win go back on esa,im mindfull of my dla being challenged
thankyou in advance
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago #110355 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic question on challenge first tier tribrunal decisio
neal76
You say you have re-claimed ESA, have you been placed in a group yet or are you still be assessed?
If you have had a Decision on your claim and have been placed in the WRAG or the Support Group then you should have nothing to worry about as this new Decision supercedes any previous Decision including any the one that the Tribunal makes.
If you have not had a Decision yet, then it will depend on what happens, if you are found Fit for Work, you can appeal this Decision and should receive the ESA Assessment rate while you wait for a hearing. Alternatively, your husband can claim Income Support as a Carer if you are receiving DLA Care at the Medium or Higher rate, however, I would recommend that you get face to face advice before doing this to confirm that it is the right choice for you and what the financial implications are.
Although I cannot be 100% certain, as you have already had one adverse Decision in regard to ESA and it has not affected your DLA, I think it unlikely that another one will.
Gordon
You say you have re-claimed ESA, have you been placed in a group yet or are you still be assessed?
If you have had a Decision on your claim and have been placed in the WRAG or the Support Group then you should have nothing to worry about as this new Decision supercedes any previous Decision including any the one that the Tribunal makes.
If you have not had a Decision yet, then it will depend on what happens, if you are found Fit for Work, you can appeal this Decision and should receive the ESA Assessment rate while you wait for a hearing. Alternatively, your husband can claim Income Support as a Carer if you are receiving DLA Care at the Medium or Higher rate, however, I would recommend that you get face to face advice before doing this to confirm that it is the right choice for you and what the financial implications are.
Although I cannot be 100% certain, as you have already had one adverse Decision in regard to ESA and it has not affected your DLA, I think it unlikely that another one will.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- neal76
- Topic Author
11 years 9 months ago #110357 by neal76
Replied by neal76 on topic question on challenge first tier tribrunal decisio
Th ankyou Gordan for your promt reply,
l have re applied and am in receipt of esa on grounds of new condition,anxiety- depression
and my ongoing conditions,l have recently filled in the medical form with a letter from my gp saying my conditions are cronic and will affect my capacity to work and the appeal and cercumstances have affected my physical and mental health,to date l have not had a decision .
l have re applied and am in receipt of esa on grounds of new condition,anxiety- depression
and my ongoing conditions,l have recently filled in the medical form with a letter from my gp saying my conditions are cronic and will affect my capacity to work and the appeal and cercumstances have affected my physical and mental health,to date l have not had a decision .
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