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Thread: esa appeal

  1. #1
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    esa appeal

    hi can you help me again please as wondering which way to go now. I had a letter from tribunal today about my esa reassessment appeal.it says it was heard in court on 14/11/2013 and I had no idea it was on that day and the decision is enclosed.
    1 -the appeal is refused.
    2-the decision made by secretary of state on 13 may 2013 is confirmed.
    3-mr Dudley is not entitled to either component of dla as does not satisfy criteria for any rate
    4-having considered appeal bundle tribunal decided it was able to decide appeal without an oral hearing and it would be just to do so.
    as anyone any idea where to go next as I had a heart attack in September so cannot claim jsa and also point 3 I have not applied for dla-can I get them on a point of law.thanx for any advice

  2. #2
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    As you original decision was over 6 months ago and not withstanding your recent heart attack, you can make a new application for benefit.
    I would suggest you get some help and advice, like CAB etc, with any new application.

    All the best with it.

  3. #3
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    thanks for the info jard I will do that Monday.and thanks for all your previous help it was very much appreciated

  4. #4
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    [QUOTE=shaun27c;50598]thanks for the info jard I will do that Monday.and thanks for all your previous help it was very much appreciated[/QUOT

    Any time Shaun, cheers now.

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    hi sorry to be a pain.but I need advice again. as soon as I knew I had lost my appeal I put a new claim in for esa on 18 nov.I had a letter today saying I am not entitled to it but I have had no wca or anything.if I appeal we will not get anything at all so any advice please.as you know had heart attack on 3 sept,saw cardiologist 2 week ago for follow up and he thinks stent is blocking so waiting for angio and stuck where to go from here. thanx in advance for replies

  6. #6
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    Hello shaun
    What's the reason why you are not entitled to ESA ???
    i)
    Do you have enough NI stamps in the 2 relevant years ( which I think are 2011 & 2012) to qualify for Contributions Based (CB) ESA???,
    if not:
    ii)
    Do you receive an Occupational Pension, have a wife/partner who is working full time or have savings of £16000+ any of which can bar you from receiving Income Related (IR) ESA ????.
    If non of these (@ ii) apply to you make another fresh application, see your Doctor for a Med 3 (and possibly a copy of the Consultants letter) and a ESA 1 form from JC+ and ask for a ESA 3 financial assessment form.

    We really need more information here to make sense of your situation, have you spoke to any benefits advisers like CAB etc as I suggested that was/is the best way for you to go ???.

  7. #7
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    hi jard sorry late getting back to you but im getting more confused by the day and cab here don't know how to sort it out.so ill give you a bit more info to see if you can make any sense of it.
    lost wca on 16 may but was allowed assessment rate of esa while I appealed
    ftt upheld decision on 14 nov-I received letter 15 nov
    new claim put in 18 nov because deterioration in health-heart attack on 3 sep so asked to backdate claim from 3 sep.
    letter from dwp on 6 dec saying ftt upheld decision and not entitled to benefit from 3 sep.
    letter from dwp on 10 dec saying "we cannot pay you an allowance from 3 sep because the law says we cannot pay esa"
    letter from them today saying they can pay esa from 28 nov but I have to attend a work focus interview and supply med certificates until I have a wca-which I have sent.
    rang them today as no payment in bank although it says I am entitled to £112.55 per week(for a couple).woman I spoke to said its showing live but as an overpayment? they rang back and said a payment would be in bank today,which it was but showed up as jsa payment.
    sorry if this is confusing but I cant make head nor tails of what is happening.
    also sorry for being a pain but if I take old tribunal case to upper tribunal will they stop the benefit I am getting now as further punishment.
    many thanks
    shaun

  8. #8
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    original decision may, so not entitled for 6 months from then thats nov, before you can get pay, your new claim you tried from sept so less than 6 months from original decision and thats what caused problem.

    if you had put in a new claim in sept with new/worsened conditions you would have got assessment rate until results of wca assessment,

  9. #9
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    Quote Originally Posted by shaun27c View Post
    hi can you help me again please as wondering which way to go now. I had a letter from tribunal today about my esa reassessment appeal.it says it was heard in court on 14/11/2013 and I had no idea it was on that day and the decision is enclosed.
    1 -the appeal is refused.
    2-the decision made by secretary of state on 13 may 2013 is confirmed.
    3-mr Dudley is not entitled to either component of dla as does not satisfy criteria for any rate
    4-having considered appeal bundle tribunal decided it was able to decide appeal without an oral hearing and it would be just to do so.
    as anyone any idea where to go next as I had a heart attack in September so cannot claim jsa and also point 3 I have not applied for dla-can I get them on a point of law.thanx for any advice
    Sounds like the Tribunal decided nothing you could say at a Tribunal would make any difference to their decision, which is why they had it without you present. Didn't know that was even possible, you learn something new every day. However I'd ask the Tribunal admin why you've received a letter saying you've been denied DLA on appeal when it was ESA you were appealing. Even if only to establish whether admin use an incorrect letter format? If you wanted to take it to an Upper Tribunal you'd need professional advice with it. lt wouldn't affect your new ESA claim now in payment. .

    Whatever your first claim was for, it looks like the reasons you gave in the appeal weren't strong enough, so if you unfortunately end up having to appeal again, would be best to try and get professional expert advice with it.

    Hope your angio shows your stent is going to be ok. My friend had a 2 which blocked up just weeks after having them put in , and needed a triple bypass as a result. Fortunately the operation went well. She had the op in a Cardiac speicalist hospital where these surgeries are fairly routine and after a 2 or 3 days was transferred back to a general hospital to recover for a week . It's amazing how they can do these things now, and how quickly she recovered. Says she feel like a new woman.

  10. #10
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    You need to request written statement of reasons and record of proceedings from the hearing.

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