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DWP ignoring appeal decision?
- jonboy46
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9 years 5 months ago #126166 by jonboy46
DWP ignoring appeal decision? was created by jonboy46
Could someone help me?
Despite winning an appeal to go into the Support Group for ESA from the WRAG group on 21 March 2014, I haven’t had an acknowledgement of the judgement from the DWP, nor a resumption of ESA payments.
I have however recently received a lump sum from the DWP representing about 6 months additional ESA, but the explanatory letter was nonsense, in that it said that I had been moved from the Support Group to the WRAG.
What should I do? I can supply details.
Despite winning an appeal to go into the Support Group for ESA from the WRAG group on 21 March 2014, I haven’t had an acknowledgement of the judgement from the DWP, nor a resumption of ESA payments.
I have however recently received a lump sum from the DWP representing about 6 months additional ESA, but the explanatory letter was nonsense, in that it said that I had been moved from the Support Group to the WRAG.
What should I do? I can supply details.
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9 years 5 months ago #126167 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP ignoring appeal decision?
Jonboy
The first thing you need to do is to contact the DWP to find out what is going on!
Until you have an understanding of why you weekly payments have not been re-instated and how the DWP currently view your claim, there is little that we can do, as anything we suggest would be guesswork.
Phone the DP office that deals with your claim, there number should be on the top of the latest letter that you have received.
Gordon
The first thing you need to do is to contact the DWP to find out what is going on!
Until you have an understanding of why you weekly payments have not been re-instated and how the DWP currently view your claim, there is little that we can do, as anything we suggest would be guesswork.
Phone the DP office that deals with your claim, there number should be on the top of the latest letter that you have received.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 5 months ago #126170 by jonboy46
Replied by jonboy46 on topic DWP ignoring appeal decision?
Many thanks, will do
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9 years 5 months ago #126174 by jonboy46
Replied by jonboy46 on topic DWP ignoring appeal decision?
When I telephoned - it’s complicated, the lady said, and I’m expecting a call from the benefits office in 3 hours to fully explain.
What it seems to revolve around though is that my appeal only sets aside the first assessment to put me in the WRAG, which was on 1 October 2012 (my one year’s contributory ESA started on 16 Oct 2012) and not to a follow up assessment (again decision made to keep me in the WRAG) which was made (without an ATOS interview) on 23 February 2013. The letter awarding me arrears stated I cannot receive ESA beyond 5 March 2014. I suppose I'm time barred from appealing the second decision?
What it seems to revolve around though is that my appeal only sets aside the first assessment to put me in the WRAG, which was on 1 October 2012 (my one year’s contributory ESA started on 16 Oct 2012) and not to a follow up assessment (again decision made to keep me in the WRAG) which was made (without an ATOS interview) on 23 February 2013. The letter awarding me arrears stated I cannot receive ESA beyond 5 March 2014. I suppose I'm time barred from appealing the second decision?
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- Gordon
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9 years 5 months ago #126177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP ignoring appeal decision?
Jonboy
If a new Decision was made on your claim, after the one that you appealed, then it will supersede any Decision made by your Tribunal and placed you back in the WRAG and subject to the 365 day time limit.
Unfortunately there is a maximum 13 month period for lodging an appeal, which you have exceeded if the second Decision was made in February 2013. There is one long shot, that you were not properly notified of that Decision.
You say that the second Decision was made without an assessment being done, did you receive, complete and return an ESA50? Did you receive a Decision Letter at the end of February 2013, notifying you of the Decision?
Although you currently do not have a claim for ESA, the legislation does allow you to ask to be re-assessed as the result of a deteriorated condition. If you are successful, then your ESA will re-instated from the date you make the request.
Have you checked to see whether you are eligible for Income Related ESA. ESA(IR) is 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)
Gordon
If a new Decision was made on your claim, after the one that you appealed, then it will supersede any Decision made by your Tribunal and placed you back in the WRAG and subject to the 365 day time limit.
Unfortunately there is a maximum 13 month period for lodging an appeal, which you have exceeded if the second Decision was made in February 2013. There is one long shot, that you were not properly notified of that Decision.
You say that the second Decision was made without an assessment being done, did you receive, complete and return an ESA50? Did you receive a Decision Letter at the end of February 2013, notifying you of the Decision?
Although you currently do not have a claim for ESA, the legislation does allow you to ask to be re-assessed as the result of a deteriorated condition. If you are successful, then your ESA will re-instated from the date you make the request.
Have you checked to see whether you are eligible for Income Related ESA. ESA(IR) is 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)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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9 years 5 months ago #126190 by jonboy46
Replied by jonboy46 on topic DWP ignoring appeal decision?
Many thanks,
I’m now expecting a telephone call from the decision maker at the DWP to explain what has happened.
In reply - Yes I did fill in a second ESA50 and yes I did receive a second decision notice LT54 (on 2 March 2013).
I do need to check household income and assets again, but am almost certain I do not qualify for income related ESA.
In the appeal form which I sent off on 28 March 2013 (ie after both decisions) I did not refer to any particular decision, and I did not specifically explain that there had been two decisions (although I now see that the form instructs you to do that).
Am wondering - Are there any grounds for asking for an extension to the appeal period ?
And is there a prescribed format for requesting a reassessment of health level on the grounds of deterioration?
I’m now expecting a telephone call from the decision maker at the DWP to explain what has happened.
In reply - Yes I did fill in a second ESA50 and yes I did receive a second decision notice LT54 (on 2 March 2013).
I do need to check household income and assets again, but am almost certain I do not qualify for income related ESA.
In the appeal form which I sent off on 28 March 2013 (ie after both decisions) I did not refer to any particular decision, and I did not specifically explain that there had been two decisions (although I now see that the form instructs you to do that).
Am wondering - Are there any grounds for asking for an extension to the appeal period ?
And is there a prescribed format for requesting a reassessment of health level on the grounds of deterioration?
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