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Loss of appeal rate on second mandatory reconsider
- ALASTAIRD
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6 years 10 months ago #215967 by ALASTAIRD
Loss of appeal rate on second mandatory reconsider was created by ALASTAIRD
In 2016 I successfully appealed my ESA assessment,whilst the appeal was in play I was on Appeal rate.I have recently been through a medical to move to Support rate where as usual in many cases the 'health professional' lied on the form and it bears no resemblance to the Tape that I had done at the same time(taped interview)
I appealed again and was turned down on her evidence.I am now awaiting 1st tier appeal date.I had to sign on to Jobseekers Allowance meantime.After having checked that the Tribunal had received my appeal I signed off from Jobseekers and applied for ESA at assessment rate.
I heard nothing for four weeks and only found out by enquiring myself that they say I was not entitled due to them saying I was only allowed Appeal rate once having failed two 'medicals'.I have been living off my PIP for which I was awarded 24 points due to my medical conditions and that medical took place between the two ESA events.
My point is this no-one has shown me in writing this decision and of the people I have contacted heard of only one whom this has happened to but they were eventually paid ESA..Does anyone know the relevant regulation and where I can find it or challenge it ?
I appealed again and was turned down on her evidence.I am now awaiting 1st tier appeal date.I had to sign on to Jobseekers Allowance meantime.After having checked that the Tribunal had received my appeal I signed off from Jobseekers and applied for ESA at assessment rate.
I heard nothing for four weeks and only found out by enquiring myself that they say I was not entitled due to them saying I was only allowed Appeal rate once having failed two 'medicals'.I have been living off my PIP for which I was awarded 24 points due to my medical conditions and that medical took place between the two ESA events.
My point is this no-one has shown me in writing this decision and of the people I have contacted heard of only one whom this has happened to but they were eventually paid ESA..Does anyone know the relevant regulation and where I can find it or challenge it ?
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- Gordon
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6 years 10 months ago #215968 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Loss of appeal rate on second mandatory reconsider
A
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Providing you had an award of ESA prior to being found Fit for Work then the DWP Decision is incorrect, the law does not allow the Assessment rate to be paid when there are two Fit for Work Decisions, one after the other, not two Fit for Work Decisions throughout the life of claimants benefit claim.
The following has the best explanation I can find and has links to the relevant legislation.
www.cpag.org.uk/content/esa-and-abolitio...le#footnote7_cjmf3lh
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Providing you had an award of ESA prior to being found Fit for Work then the DWP Decision is incorrect, the law does not allow the Assessment rate to be paid when there are two Fit for Work Decisions, one after the other, not two Fit for Work Decisions throughout the life of claimants benefit claim.
The following has the best explanation I can find and has links to the relevant legislation.
www.cpag.org.uk/content/esa-and-abolitio...le#footnote7_cjmf3lh
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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