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ESA Stopped have the decision makers letter
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9 years 4 months ago #146126 by Mind
Replied by Mind on topic ESA sto
I looked at the appeal doc that Gordon linked me to and it says they telephone you so I expect that was what the call was about to tell me the ESA was stopping. It seems to be in their interest to stop it (£72 approx) and then make you go to appeal because they don't have to pay the higher rate (£100+) only the lower rate after the appeal (£72 approx) am I right. This sounds very unfair.
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9 years 4 months ago #146127 by Gordon
Although they have tightened up recently, ESA is the only benefit that is still paid after a failure to award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA sto
Mind wrote: I looked at the appeal doc that Gordon linked me to and it says they telephone you so I expect that was what the call was about to tell me the ESA was stopping. It seems to be in their interest to stop it (£72 approx) and then make you go to appeal because they don't have to pay the higher rate (£100+) only the lower rate after the appeal (£72 approx) am I right. This sounds very unfair.
Although they have tightened up recently, ESA is the only benefit that is still paid after a failure to award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 4 months ago #146128 by Mind
Replied by Mind on topic ESA sto
Thank you - I looked at the doc and it does seem that the decision maker telephones you to give you the bad news.
He just gave me the job centre number to call to make a claim for JSA after saying my ESA will be stopped and saying that the Nurse had decided that it should be stopped. He never said anything about mand recon
Looking at the doc you linked me to it does seem that they call you with this bad news to tell you over the phone when they stop your ESA.
He just gave me the job centre number to call to make a claim for JSA after saying my ESA will be stopped and saying that the Nurse had decided that it should be stopped. He never said anything about mand recon
Looking at the doc you linked me to it does seem that they call you with this bad news to tell you over the phone when they stop your ESA.
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9 years 4 months ago #146131 by Mind
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.. but surely the appeal process states that the wrong decision was made and it is overturned so you should go on the long term rate. This is confusing.
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9 years 4 months ago #146133 by Mind
It does also seem that if they do this they don't have to back date the ESA payment difference which would have amounted to almost £1700 in my case because of how long I waited for Maximus. Doesn't this strike anybody as odd. Surely an appeal should reinstate it to what it should have been if you were successful at your Maximus/Atos medical Examination?
Replied by Mind on topic ESA sto
Gordon wrote:
Mind wrote: I looked at the appeal doc that Gordon linked me to and it says they telephone you so I expect that was what the call was about to tell me the ESA was stopping. It seems to be in their interest to stop it (£72 approx) and then make you go to appeal because they don't have to pay the higher rate (£100+) only the lower rate after the appeal (£72 approx) am I right. This sounds very unfair.
Although they have tightened up recently, ESA is the only benefit that is still paid after a failure to award.
Gordon
It does also seem that if they do this they don't have to back date the ESA payment difference which would have amounted to almost £1700 in my case because of how long I waited for Maximus. Doesn't this strike anybody as odd. Surely an appeal should reinstate it to what it should have been if you were successful at your Maximus/Atos medical Examination?
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9 years 4 months ago #146136 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA sto
Mind
I think you have misunderstood the appeal process.
You have been found Fit for Work, the Decision remains in place until a new one is made, this will not happen unless the DWP revise the Decision as a result of your requesting an MR or if that fails, a Tribunal re-makes the Decision and makes an award.
You will not receive any benefit while the MR is completed unless you claim JSA.
If you go onto appeal the you can receive the ESA Assessment rate while you wait for a hearing.
In either case, if an award is made the you will receive back pay of the award minus any benefit you have already received from the date that you were found Fit for Work.
Gordon
I think you have misunderstood the appeal process.
You have been found Fit for Work, the Decision remains in place until a new one is made, this will not happen unless the DWP revise the Decision as a result of your requesting an MR or if that fails, a Tribunal re-makes the Decision and makes an award.
You will not receive any benefit while the MR is completed unless you claim JSA.
If you go onto appeal the you can receive the ESA Assessment rate while you wait for a hearing.
In either case, if an award is made the you will receive back pay of the award minus any benefit you have already received from the date that you were found Fit for Work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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