UPDATE following a failed MR and an accepted tribunal case - which was then lapsed in my favour and then many months of waiting - calls - letters - requests for info/bank statements etc
I finally have my ESA IR back payment - it is a large amount of money and I am very grateful for it
I just wanted to update to say to people in my situation that it is worth pushing on and on and on I could not have done it without LOTS of help from others and would have given up many times - since the whole process has taken about 9 months
so if you have received the ESA3 form as part of the IB to ESA migration, but were not eligible at the point of migration, don't give up If your circumstances changed along the way, and you notified them, and they failed to inform and assess you for IR at that time, then you should keep fighting for what you were entitled to
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