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Advice re. appeal please
- Dickdastardly
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9 years 11 months ago - 9 years 11 months ago #122291 by Dickdastardly
Advice re. appeal please was created by Dickdastardly
I am currently in receipt of ESA (contribution based) after being transferred from long term incapacity Benefit. I wrote to appeal, and this was rejected. I now have been sent an application for a tribunal hearing. It states that this could take up to 40 weeks to be heard. My ESA benefit expires in September. Would this be extended if an tribunal hearing was pending? I only have 2 years and 4 months to state pension. I'm in a bad state mentally with all this and am tempted to tick the box for no hearing and let them decide, but was wondering if it would be best to accept a hearing, then cancel it later if I felt I couldn't face it.
I have been away for two weeks and have missed the 14 day deadline that they stress is very important. Is this a big problem?
I have been away for two weeks and have missed the 14 day deadline that they stress is very important. Is this a big problem?
Last edit: 9 years 11 months ago by Gordon.
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- Gordon
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9 years 11 months ago #122297 by Gordon
I am afraid that your appealing will not extend the payment of your ESA(CB) although you will receive back payments if you are successful. Have you checked whether you are eligible for Income Related ESA.
Eligibility for ESA(IR) will dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
In regard the appeal, get the paperwork done and sent in as soon as possible, include a covering letter explaining the you were away from your home when the forms were sent, it should be processed as normal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice re. appeal please
Dickdastardly wrote: I am currently in receipt of ESA (contribution based) after being transferred from long term incapacity Benefit. I wrote to appeal, and this was rejected. I now have been sent an application for a tribunal hearing. It states that this could take up to 40 weeks to be heard. My ESA benefit expires in September. Would this be extended if an tribunal hearing was pending? I only have 2 years and 4 months to state pension. I'm in a bad state mentally with all this and am tempted to tick the box for no hearing and let them decide, but was wondering if it would be best to accept a hearing, then cancel it later if I felt I couldn't face it.
I have been away for two weeks and have missed the 14 day deadline that they stress is very important. Is this a big problem?
I am afraid that your appealing will not extend the payment of your ESA(CB) although you will receive back payments if you are successful. Have you checked whether you are eligible for Income Related ESA.
Eligibility for ESA(IR) will dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
In regard the appeal, get the paperwork done and sent in as soon as possible, include a covering letter explaining the you were away from your home when the forms were sent, it should be processed as normal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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