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TOPIC: mad

Re:mad 8 years 8 months ago #44522

  • originaldave
Survivor wrote:

I think it's the appeal system that will grind to a halt, despite the government's plan to cut legal aid for benefits cases. Indeed, with fewer people getting legal advice on their cases, I'd hazard a guess that there will be even more appeals, because people with no chance of winning may well appeal.




I think evreyone should appeal if they do not get it based on, your paying me now and nothings changed ... I have just found out that once ESA comes in my claim ends as under the rules you cant have ESA and Unemployability Supplement
with your war pension ... so much for no one being worse off :laugh:

details here for others

www.veterans-uk.info/pdfs/spva_factsheets_09/Factsheet6.pdf the IB details on sheet post 2005 claims

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Re:mad 8 years 8 months ago #44523

Yes, I would urge everyone to appeal an adverse ESA decision especially claimants who are migrated from IB. Furthermore, I would also advise appellants to reclaim ESA immediately, as decisions have to be made on all valid claims whether they fall for award or disallowance, and subsequently appeal again if necessary, as there is no limit as to how many times you can claim/appeal and these can run concurrently.

The crux of the matter is that particularly in the case of current IB claimants, their medical condition will not have changed, merely the fact that they have been transferred to a harsh, unfair and draconian allowance.

If Atos can issue an ESA50 immediately after an appellant has won their appeal, there becomes a time where it is necessary to fight fire with fire, and moreover, what's sauce for the goose is also sauce for the gander!

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

Re: mad 8 years 8 months ago #44585

Tony - you're not the only one to be worried sick. Just keep reading all the stuff on this site and get yourself as prepared as possible. We are all in this nightmare together.

Francis

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Re:mad 8 years 8 months ago #44591

I'm also very scared about whats awaiting me in a couple of months time. :(

A quick question, when I get thrown off IB (as I'm sure I will be) I know you're meant to put in an appeal and then ask to claim ESA at assessment rate.

Well as I have a property that I'm currently not living in (but hope to later in the year, it's complecated) I know I won't be able to claim income related ESA at all. But will that stop me being able to put in an appeal? Can I claim assessment rate ESA and just not get any money paid to me and then when I've moved into the property get it paid to me in full then, or doesn't it work that way? I'm still so confused about all of this.

I have no idea you see If assessment rate ESA will be income or contribution related. I'm guessing that now the linking rules have gone It will be income related.

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Re:mad 8 years 8 months ago #44592

Just Me

If you are successfully transfered to ESA then you will receive Contribution Based ESA.

If you are not receiving an icome from your other house, then I believe, but you will have to check with a an advisor if you want a definitive answer, that you will not incur any penalty. It will certainly not prevent you appealing an adverse decision, or infact claiming ESA, just how much you might receive.

Gordon

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

Re:mad 8 years 8 months ago #44594

Well I'm sure I won't be transferred to ESA without appealing like so many others out thyere, and so I suspect that any property a person owns that you're not living in (whether It's rented out or not) is classed as capital so I'm sure I won't be able to claim any money until I move into it sadly.

So to sum up what I'm basically asking is whilst you're waiting for an new appeal to go through is assessment rate ESA means tested rather then contribution based as It's seen as a new claim.

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