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Appeal (Overpayment of ESA)
- Marie
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1 month 2 weeks ago #305280 by Marie
Appeal (Overpayment of ESA) was created by Marie
Hello,
Apologises in advance if this has been asked and answered before. How long does it take for an appeal to be heard? Thank you in advance
Kind regards,
M.
Apologises in advance if this has been asked and answered before. How long does it take for an appeal to be heard? Thank you in advance
Kind regards,
M.
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- LL26
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1 month 2 weeks ago #305294 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Appeal (Overpayment of ESA)
Hi Marie,
In truth it depends on your area, but then it can be random. Maybe within 3 months or possibly up to a year.
Sorry I can't be more helpful.
LL26
In truth it depends on your area, but then it can be random. Maybe within 3 months or possibly up to a year.
Sorry I can't be more helpful.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Marie
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1 month 3 days ago #305991 by Marie
Replied by Marie on topic Appeal (Overpayment of ESA)
Hello again,
I have completed the form for my appeal on the above subject, with the help of advicelocal! The adviser completed the appeal form with me, via the telephone last Thursday(12th June)whilst they were completing it online at their end , my deadline date was 6th of June, however I didn’t receive the final MR decision until the 9th of June!
The chap at advicelocal did advise that mitigating circumstances i.e, evidence gathering, delayed post etc…would be accepted even if it’s went by the date to respond to the MR notices and to lodge my appeal! My question is will the appeal board accept my appeal and do they take it account mitigating circumstances that has delayed my appeal submission? Many thanks for any help/ advice/feedback it would be most welcomed as always!
Kind regards,
Marie.
I have completed the form for my appeal on the above subject, with the help of advicelocal! The adviser completed the appeal form with me, via the telephone last Thursday(12th June)whilst they were completing it online at their end , my deadline date was 6th of June, however I didn’t receive the final MR decision until the 9th of June!
The chap at advicelocal did advise that mitigating circumstances i.e, evidence gathering, delayed post etc…would be accepted even if it’s went by the date to respond to the MR notices and to lodge my appeal! My question is will the appeal board accept my appeal and do they take it account mitigating circumstances that has delayed my appeal submission? Many thanks for any help/ advice/feedback it would be most welcomed as always!
Kind regards,
Marie.
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- LL26
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1 month 2 days ago #305992 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Appeal (Overpayment of ESA)
Hi Marie,
As long as you have provided a reasonable excuse - all of the scenarios you have mentioned would comprise a good excuse. Normally there is no problem and DWP accept the appeal. If (which has never once happened to any of my cases or to anyone I know) DWP disagreed you have a right of appeal on this point yo the tribunal.
I hope this helps.
LL26
As long as you have provided a reasonable excuse - all of the scenarios you have mentioned would comprise a good excuse. Normally there is no problem and DWP accept the appeal. If (which has never once happened to any of my cases or to anyone I know) DWP disagreed you have a right of appeal on this point yo the tribunal.
I hope this helps.
LL26
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- Marie
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4 weeks 1 day ago #306224 by Marie
Replied by Marie on topic Appeal (Overpayment of ESA)
Good evening,
The saga continues….appeal papers now sent to HMCTS🤞however, I have since had an email from council with regards, to HB and the possibility of an overpayment there too, I have already provided payslips over the period of last year however, they have also mentioned something about ‘Offer of underlying entitlement’ or words to that effect?(not got a clue what this is) They have requested evidence of my household income any savings etc….for the period of the potential overpayment. My couple of queries are: what evidence do I give them? And do I inform them that I am currently appealing against the ESA overpayment. Many thanks again for any help/advice or assistance that you can prove as it would be most welcomed as always.
Kind regards,
Marie.
The saga continues….appeal papers now sent to HMCTS🤞however, I have since had an email from council with regards, to HB and the possibility of an overpayment there too, I have already provided payslips over the period of last year however, they have also mentioned something about ‘Offer of underlying entitlement’ or words to that effect?(not got a clue what this is) They have requested evidence of my household income any savings etc….for the period of the potential overpayment. My couple of queries are: what evidence do I give them? And do I inform them that I am currently appealing against the ESA overpayment. Many thanks again for any help/advice or assistance that you can prove as it would be most welcomed as always.
Kind regards,
Marie.
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- latetrain
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4 weeks 1 day ago #306238 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Appeal (Overpayment of ESA)
Hi Marie
As we do not have all the facts we would advise you to seek advice from your local Welfare Rights Organisation: advicelocal.uk
When you have an underlying entitlement this is due to an overlapping benefit such as carers allowance and state pension, you are paid the highest of the benefit entitlements, which is usually their state pension. I come across this quite often when helping pension aged claimants apply for pension credit guarantee and they have an underlying entitlement to carers allowance which gives an additional premium when working out their PCG
entitlement.
Gary
As we do not have all the facts we would advise you to seek advice from your local Welfare Rights Organisation: advicelocal.uk
When you have an underlying entitlement this is due to an overlapping benefit such as carers allowance and state pension, you are paid the highest of the benefit entitlements, which is usually their state pension. I come across this quite often when helping pension aged claimants apply for pension credit guarantee and they have an underlying entitlement to carers allowance which gives an additional premium when working out their PCG
entitlement.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Marie
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