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IB to ESA
- MUK
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14 years 1 week ago #64478 by MUK
Replied by MUK on topic Re:IB to ESA
I got the brown envelope today two infact!
first my IB appeal - declined as I've been moved to ESA as of next week and I get my last IB payment next week.
second my ESA appeal - they acept the reason for late return
I rang BC for ESA they said they got ESA50 and they will process it in due course I pointed out my IB has ended and my next payment is due end of this month.
They said they HOPE the ESA will be sorted by then and they be writing to me in due course (another brown envelope?)
I rang my GP to see if they have request any medical reports to be informed that they have not recived any request for medical info .....
first my IB appeal - declined as I've been moved to ESA as of next week and I get my last IB payment next week.
second my ESA appeal - they acept the reason for late return
I rang BC for ESA they said they got ESA50 and they will process it in due course I pointed out my IB has ended and my next payment is due end of this month.
They said they HOPE the ESA will be sorted by then and they be writing to me in due course (another brown envelope?)
I rang my GP to see if they have request any medical reports to be informed that they have not recived any request for medical info .....
- Gordon
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14 years 1 week ago - 14 years 1 week ago #64482 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:IB to ESA
MUK wrote:
As I understand it from your previous posts, your IB was stopping because you ESA50 was not returned on time, however, now that the DWP have accepted your reason for the late return, this should be a continuation of your existing claim, not a new one, and therefore your IB should be payable until a Decision has been made on the transfer.
Gordon
It may be worth you checking whether your IB is still stopping?I got the brown envelope today two infact!
first my IB appeal - declined as I've been moved to ESA as of next week and I get my last IB payment next week.
second my ESA appeal - they acept the reason for late return
I rang BC for ESA they said they got ESA50 and they will process it in due course I pointed out my IB has ended and my next payment is due end of this month.
They said they HOPE the ESA will be sorted by then and they be writing to me in due course (another brown envelope?)
I rang my GP to see if they have request any medical reports to be informed that they have not recived any request for medical info .....
As I understand it from your previous posts, your IB was stopping because you ESA50 was not returned on time, however, now that the DWP have accepted your reason for the late return, this should be a continuation of your existing claim, not a new one, and therefore your IB should be payable until a Decision has been made on the transfer.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 1 week ago by Gordon. Reason: Correct IV to IB
- MUK
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14 years 1 week ago #64513 by MUK
Replied by MUK on topic Re:IB to ESA
I did ask that (if my IB would continue untill ESA sorted) but they said they cant pay IB after the transfer date which is next week.
I find it all most odd.
I though no one would hve payments stopped / missed or resduced while transfering from IB to ESA?
I find it all most odd.
I though no one would hve payments stopped / missed or resduced while transfering from IB to ESA?
- Crazydiamond
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14 years 1 week ago - 14 years 1 week ago #64517 by Crazydiamond
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Replied by Crazydiamond on topic Re:IB to ESA
What the DWP are telling you is complete nonsense!
You are entitled to be paid IB until such time that a decision has been made on your ESA entitlement, at which point you will either be migrated or not migrated into the WRAG or SG depending on the outcome of the WCA?
You should contact the DWP and as they have informed you that your IB has stopped, ask them for a formal decision letter with details of the reason(s) for the termination. Furthermore, make it known that you fully intend to appeal the decision, as in the absence of any relevant and material change of circumstances at this point in time, there are no grounds for superseding the IB decision.
You are entitled to be paid IB until such time that a decision has been made on your ESA entitlement, at which point you will either be migrated or not migrated into the WRAG or SG depending on the outcome of the WCA?
You should contact the DWP and as they have informed you that your IB has stopped, ask them for a formal decision letter with details of the reason(s) for the termination. Furthermore, make it known that you fully intend to appeal the decision, as in the absence of any relevant and material change of circumstances at this point in time, there are no grounds for superseding the IB decision.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 1 week ago by Crazydiamond. Reason: Spelling correction.
- Gordon
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14 years 1 week ago #64521 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:IB to ESA
MUK
Just to add to CD's comments.
You also need to check that any Transitional Protection you would be eligible for as a result of being noved from IB to ESA is also re-instated, as depending on you circumstances this may result in a loss of benefit and the removal of any pension disregard you might be eligible for.
Gorodn
Just to add to CD's comments.
You also need to check that any Transitional Protection you would be eligible for as a result of being noved from IB to ESA is also re-instated, as depending on you circumstances this may result in a loss of benefit and the removal of any pension disregard you might be eligible for.
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- MUK
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14 years 1 day ago #65158 by MUK
Replied by MUK on topic Re:IB to ESA
I have today received a reply form my MP saying my IB payments will continue untill a decision on my ESA has been made - result
However I note from the DWPs reply the following "The return date was not extended as requested ... because this is not within current legislative guidelines."
Does this mean they cannot extened the return date for any reasons?
If so there have been other posts on here about extentions for returning their ESA50 for whatever reason.
However I note from the DWPs reply the following "The return date was not extended as requested ... because this is not within current legislative guidelines."
Does this mean they cannot extened the return date for any reasons?
If so there have been other posts on here about extentions for returning their ESA50 for whatever reason.
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