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9 years 7 months ago - 9 years 7 months ago #125071 by Gordon
Replied by Gordon on topic Esa appeal

Debbie wrote: Could that apply to my claim that I am appealing or not ?


You do not currently have an award of ESA so you cannot request a Supersession, however, you can/could make a new claim for ESA based on a deteriorated condition at any time after the Decision that found you Fit for Work, however, any Decision on that new claim would limit the result of the Appeal that is being heard next week.

As an example; if the Tribunal places you in the Support Group, but the Decision on a new claim finds you Fit for Work again, then you will only receive back payments for the period between the two Decisions and you would be back to the situation that you are currently in and have to make a new appeal.

Also, as it would be a new claim (new qualification, ESA50 and assessment), you would only be entitled the ESA Assessment rate (you should be receiving this as a result of your appeal), until a new Decision is made, given the current delays in the system, I think it unlikely that a new Decision would have been made before your appeal was heard.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 7 months ago by Gordon.
The following user(s) said Thank You: debbiesixtysix1, GlassJune

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  • bro58
9 years 7 months ago - 9 years 7 months ago #125073 by bro58
Replied by bro58 on topic Esa appeal

Debbie wrote: Sorry I will make myself clearer.could I apply for a SuperSession on my claim that I am appealing or not ?


Hi D,

You cannot currently request a review/supersession of the the fit for work decision that is under appeal and due to be heard next week, as there is no ESA award (WRAG or SG) to review. You are classed as fit for work.

Once your appeal has been heard, if you are unsuccessful, you can make a fresh claim for ESA straight away, as more than 6 months will have elapsed since the time of the fit for work decision. (Jan 2014)

In addition to the fresh claim, or as a separate issue if you do not want to make a fresh claim, you can request an appeal to The UTT, if you can show that the Tribunal have erred in law.

My best advice would be to await the Tribunal hearing next week, then come back to us when you have the decision.

Good Luck, and please return to update us. :)

bro58
Last edit: 9 years 7 months ago by bro58.

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