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Appeal to Upper Tribunal

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8 years 2 weeks ago #156427 by Gordon
Replied by Gordon on topic Appeal to Upper Tribunal
Starlet

Congratulations on your award and your persistence.

Gordon

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8 years 2 weeks ago #156437 by slugsta
Replied by slugsta on topic Appeal to Upper Tribunal
It's been a long, hard road for you, I'm so glad you got the right outcome in the end! Thank you for letting us know and for your words of encouragement for other people in a similar position.

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8 years 2 weeks ago #156454 by Starlet97
Replied by Starlet97 on topic Appeal to Upper Tribunal
Thank you for your good wishes and I will continue to offer encouragement to others when I can. :)
The following user(s) said Thank You: slugsta

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8 years 1 week ago #157185 by Starlet97
Replied by Starlet97 on topic Appeal to Upper Tribunal
Hi there again, after winning my Appeal which was originally as a result of transfer from IB to ESA, the ESA office contacted me asking how I had supported myself since June 2014 (which I don't think is any of their business) and asking also if I had anyone else living in my house with me. I answered the questions as I have nothing to hide but when they asked about any pensions I had, alarm bells started ringing. As far as I am aware, I am still covered under the original terms of transfer and my pension should not be taken into account, as all this is to calculate how much they owe me in backpay. I have now been sent an ESA3 which they say is for me to complete to ascertain if there have been any changes. There hasn't.

So ESA1 (?) completed Dec 2012.
Refused ESA after WCA April 2013.
Mandatory Recon still refused.
Appeal heard April 2014, put in WRAG and paid 10 months back pay and then ESA ceased June 2015 as I had been on it a year.
2nd tier Tribunal ruled error of law and ordered another 1st tier tribunal.
1st tier tribunal placed in support group 14/04/2016 so entitled to back pay.

Please can you confirm that they owe me backpay from June 2014? Also that I am correct that I am covered still under the rules regarding transfer to ESA that I would not lose out financially, and my ESA should not be reduced because of my ill health pension?

Many thanks and I hope the above makes sense!!

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8 years 6 days ago - 8 years 6 days ago #157237 by Gordon
Replied by Gordon on topic Appeal to Upper Tribunal
Starlet

The questions you have been asked are standard.

Based on your post this second Tribunal was re-making the Decision that moved you from IB (I assume) to ESA and therefore applies from April 2013 and not June 2014.

So yes, there will be back payments and you will be covered under the Transitional Regulations.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 6 days ago by Gordon.

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7 years 11 months ago #157575 by Starlet97
Replied by Starlet97 on topic Appeal to Upper Tribunal
Hi, just to advise/warn others, I won my Appeal on 14th April and still have not received any money not even weekly/fortnightly payments. I was asked to fill in a change of circumstances form which was a 49 page book and return it to them before they considered my back pay and my weekly amount. Absolutely disgusting, I won my Appeal therefore I feel any amounts should be paid straight into my bank account. I am someone who has won this on a transfer from IB to ESA. If they want to work out the backpay fine, but surely I am due a weekly/fortnightly amount while they make up their minds. This is just really to warn others that if you win an Appeal don't expect quick payment!! I have rung the DWP and they have marked the case as urgent. I sent the form back first class signed for and know they have received it. I am a reasonable person and have suffered two years of waiting to get the correct result and I being unreasonable to expect what I am due?

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