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still no points on appeal - what now?

maura brannock
Topic Author

9 years 1 month ago - 9 years 1 month ago #131896 by maura brannock

still no points on appeal - what now? was created by maura brannock

Still no points on appeal, condition has worsened, what is this new dead line of March 30th?
Totally confused and upset. What to do now?

Last edit: 9 years 1 month ago by bro58.

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bro58

9 years 1 month ago #131911 by bro58

Replied by bro58 on topic still no points on appeal - what now?

Hi,

Welcome to Benefits and Work

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You don't say what "benefit" you are referring to, but from your comment regarding "March 30th", I will assume that it is ESA, and you have received 0 points and been found fit for work.

Please correct me if I'm wrong !!

You state : "still no points on appeal", is this as a result of a Mandatory Reconsideration (MR) of the original adverse decision carried out by The DWP at your request ?

Or, has it gone past that stage, and you have gone on to The Tribunal where they did not change the adverse decision and still only awarded you 0 points ?

Once we have clarified this, we can offer further advice.

Please reply to this post.

bro58

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maura brannock
Topic Author

9 years 1 month ago #131914 by maura brannock

Replied by maura brannock on topic still no points on appeal - what now?

the appeal was to the tribunal, i was migrating from IB to ESA but found "fit to work"

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Gordon
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9 years 1 month ago #131927 by Gordon

Replied by Gordon on topic still no points on appeal - what now?

MB

You can make a new claim for ESA now but if it is less than six months from the date of the Decision that you appealed you will not be paid until the six months have elapsed or you have a new assessment, whichever is the sooner, unless you can show that you have a new condition or your original ones have deteriorated.

If you make the new claim on or after 30 March then it can only be made on the basis of a new or deteriorated condition, a claim based on your original problems will be rejected.

Also, as you were previously claiming IB, you will only be able to make a new claim for Income Related ESA as you will no longer have a link to your previous Contribution history in regard to ESA. Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Independent of any re-claim, if you can show that there was an Error of Law in the Tribunals proceedings then you may be able to get their Decision set aside and have a new Tribunal, the first stage to this is to request a Statement of Reasons. See

Requesting Your Medical Recordsl

What is an Error of Law?

www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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bro58

9 years 1 month ago - 9 years 1 month ago #131930 by bro58

Replied by bro58 on topic still no points on appeal - what now?

Hi MB,

Quoting Gordon :

"You can make a new claim for ESA now but if it is less than six months from the date of the Decision that you appealed you will not be paid until the six months have elapsed or you have a new assessment, whichever is the sooner, unless you can show that you have a new condition or your original ones have deteriorated."

Just to make it absolutely clear for you regarding the six months that Gordon refers to above, 6 months or more must have elapsed since the time of the original adverse fit for work decision, not 6 months from the date of The Tribunals decision.

If you are to make a fresh claim where there has not been a change/deterioration in your medical conditions, I would do so ASAP before the 30/03/15.

You will need a new fit note from your G.P.

See : www.gov.uk/employment-support-allowance/how-to-claim

If the fresh claim will be due to a change/deterioration in your condition, the 30/03/15 is not relevant, although you will still need a fresh fit note from your G.P. making it clear that you have suffered a change/deterioration in your condition.

bro58

Last edit: 9 years 1 month ago by bro58.

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maura brannock
Topic Author

9 years 1 month ago - 9 years 1 month ago #131935 by maura brannock

Replied by maura brannock on topic still no points on appeal - what now?

Thank you for the advice , the links were helpful but I am getting more confused the more i read!

My first concern is the March 30th deadline - whether to go that route or go for
1. supersession of tribunal decision
2. or make a new claim
3. or persue an error in law to upper tribunal

I was on contributary IB and would not be eligible for income ESA - is my entire contribution history now null and void if I make a new claim? what about my national insurance contributions from now on, I have 7 years to go to retirement.

Sorry for all the questions - the benefits system is a complete and total nightmare

Last edit: 9 years 1 month ago by bro58.

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still no points on appeal - what now?

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