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appealing refusal to convert IB to ESA

  • holloway
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8 years 1 month ago #155191 by holloway
appealing refusal to convert IB to ESA was created by holloway
Can anyone throw any light on this please?

I appealed unsuccessfully when IB was not converted to ESA. My understanding is that benefit continued at reduced rate until the appeal was heard?

Despite several letters to DWP which received no response no benefit was received.

I have now asked my MP to follow it up and this is the response to them.

"The Decision Makers (DM) in their decision stated that ******** was initially awarded ESA at assessment rate. This was not the case. Payments were not issued for the period 26 September 2014 to 26 March 2015 as medical certificates for this period are not recorded on our payment system. If ********* submits medical certificates for this period, these will be passed on to an ESA Decision Maker for consideration of payment."

I was never asked at anytime for certificates nor did I receive a response to my letters.
How likely is it to get back dated medical certs?
It makes no sense to me.

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8 years 1 month ago #155201 by Gordon
Replied by Gordon on topic appealing refusal to convert IB to ESA
Holloway

I'm afraid the ESA Assessment rate, whether the claimant is in the initial Assessment phase (if you were transferred from IB you would not have gone through this), or is waiting for an appeal, is only paid if there is an active Fit Note registered with the DWP.

Whether it is payable or not will depend on whether your GP is prepared to issue Fit Notes to cover the period in question?

Fit Notes cannot be for more than three months during the first six months of the claim, whether this would be applied in your situation or not I don't know but if the GP can avoid this then it will prevent further problems.

Gordon

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

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  • holloway
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8 years 1 month ago #155222 by holloway
Replied by holloway on topic appealing refusal to convert IB to ESA
Thank you.
Should the DWP not have informed me?
I saw no mention of it in any literature

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8 years 1 month ago #155236 by Gordon
Replied by Gordon on topic appealing refusal to convert IB to ESA

holloway wrote: Thank you.
Should the DWP not have informed me?
I saw no mention of it in any literature


You can use this as reason to pay you despite how old the payments are, but you will only be entitled to payment if the Fit Notes are provided.

Gordon

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