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TOPIC: ESA outstanding appeal

ESA outstanding appeal 7 years 9 months ago #77002

I have an appeal outstanding from March this year regarding my ESA grouping,to be heard in Jan2012. In the meantime I have had to complete another ESA50 and have just heard that I have been placed in Support Group from Dec (without medical), does the appeal go ahead as it was for a previous assessment/timeframe? It seems odd to be appealing for something that has now been awarded, help, what happens now?

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Re:ESA outstanding appeal 7 years 9 months ago #77006

Daydreamer wrote:

I have an appeal outstanding from March this year regarding my ESA grouping,to be heard in Jan2012. In the meantime I have had to complete another ESA50 and have just heard that I have been placed in Support Group from Dec (without medical), does the appeal go ahead as it was for a previous assessment/timeframe? It seems odd to be appealing for something that has now been awarded, help, what happens now?

Your appeal was against the Decision in March which has not been revised and so still needs to be heard.

You may be able to use this new decision as evidence for your Tribunal, if you can show that your condition has not changed since March.

If you win your Tribunal, any back payment will be limited to the date of the New Decision.

Hope this explains it and good luck.

GOrdon

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

Re:ESA outstanding appeal 7 years 9 months ago #77009

Hi Gordon,
Can one not widthdraw an appeal at any stage before the hearing, as it does seem a dit of a risk to go for an appeal when S/G status has been awarded.

Furthermpre, why do DWP send out new ESA50 forms to fill out when one is awaitimg an appeal decision???

Regards.

Radhika.

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Re:ESA outstanding appeal 7 years 9 months ago #77012

radhika wrote:

Hi Gordon,
Can one not widthdraw an appeal at any stage before the hearing, as it does seem a dit of a risk to go for an appeal when S/G status has been awarded.

Furthermpre, why do DWP send out new ESA50 forms to fill out when one is awaitimg an appeal decision???

Regards.

Radhika.

You can withdraw an appeal at any time up to the day of the hearing, whether it makes sense to do so under the cicumstances described by Daydreamer, is something they will have to decide.

As they had qualified for the WRAG, rather than been found Fit for Work, there is no reason why they shouldn't be assessed.

Gordon

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Re:ESA outstanding appeal 7 years 9 months ago #77014

Thanks Gordon,

Maybe i did not make myself clear.

My thinking was that Daydreamer was put in WRAG, however, he has now been awarded S/G, so if he went to Tribunal, would it affect his current award of S/G or would they just deal with the previous WRAG issue???

Thanks.

Radhika.

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Re:ESA outstanding appeal 7 years 9 months ago #77017

radhika wrote:

Thanks Gordon,

Maybe i did not make myself clear.

My thinking was that Daydreamer was put in WRAG, however, he has now been awarded S/G, so if he went to Tribunal, would it affect his current award of S/G or would they just deal with the previous WRAG issue???

Thanks.

Radhika.

Since the Decision to put them in the SG is a new one, it limits any revision of the March Decision that placed them in the WRAG. Even if the Tribunal decided that they were not even eligible for the WRAG, the new Decision stands.

Gordon

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