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Appeal
- chrissy v
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12 years 10 months ago - 12 years 10 months ago #88536 by chrissy v
Appeal was created by chrissy v
Hi to all Mods,
Just a question as i,m trying to gear myself up for the appeal process, the HCP which i might add was a doctor due to a head injury i suffered from a RTA,the doctor did,nt ask me how far i could mobilise or repeatedly mobilise with or without the use of any kind of aid including a manual wheelchair, which would be impossible for me to do because of constant pain due to FBS and also failed Carpel Tunnel surgery, could that be the first point to put down on the appeal form when it comes, any help or comments gratefully apprieciated.
Chrissy V
Just a question as i,m trying to gear myself up for the appeal process, the HCP which i might add was a doctor due to a head injury i suffered from a RTA,the doctor did,nt ask me how far i could mobilise or repeatedly mobilise with or without the use of any kind of aid including a manual wheelchair, which would be impossible for me to do because of constant pain due to FBS and also failed Carpel Tunnel surgery, could that be the first point to put down on the appeal form when it comes, any help or comments gratefully apprieciated.
Chrissy V
Last edit: 12 years 10 months ago by Gordon.
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12 years 10 months ago #88541 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal
CV
I don't think that the ATOS "doctor" not asking about your mobility is conclusive of anything, as I'm not sure they actually ask about this, but rather draw conclusions from the details on your ESA50, and by inference, from the "your typical day" questions.
You are much better off, at this stage of the process, hi-lighting why you believe you qualify, remember, you do not have to go into detail on the GL24, this can be done after the appeal has been lodged, whether you are hoping to have the Decision overturned at the Reconsideration stage or at an Appeal.
Gordon
I don't think that the ATOS "doctor" not asking about your mobility is conclusive of anything, as I'm not sure they actually ask about this, but rather draw conclusions from the details on your ESA50, and by inference, from the "your typical day" questions.
You are much better off, at this stage of the process, hi-lighting why you believe you qualify, remember, you do not have to go into detail on the GL24, this can be done after the appeal has been lodged, whether you are hoping to have the Decision overturned at the Reconsideration stage or at an Appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 10 months ago - 12 years 10 months ago #88546 by chrissy v
Replied by chrissy v on topic Re:Appeal
Thanks Gordon, well on my ESA i put i could,nt mobilise more than 50 metres due to severe pain without stopping , which is the truth, so from my point of veiw i have to appeal on that basis, also Gordon just a question, i looked at the links on appeals and it says you can apply for JSA or be on assessment rated of ESA while appealing, do you have to send sick/fit notes if you go down JSA route while appealing.
Chrissy V
Chrissy V
Last edit: 12 years 10 months ago by Gordon.
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12 years 10 months ago #88553 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal
CV
JSA and ESA are mutually exclusive benefits, so you can only claim one or the other.
If you claim JSA, then you are declaring yourself Fit for Work, and although you can put restrictions on the type of work you can do, you do need to actively seek employment to be eligible for payment.
If you appeal, then you will receive the ESA assessment rate wile you wait for a hearing, subject to the 12 month limit if you are receiving ESA(CB). You will need to prove Fit Notes starting from the date of the Decision in order to receive payment.
The ESA Assessment rate and JSA rate are the same.
Gordon
JSA and ESA are mutually exclusive benefits, so you can only claim one or the other.
If you claim JSA, then you are declaring yourself Fit for Work, and although you can put restrictions on the type of work you can do, you do need to actively seek employment to be eligible for payment.
If you appeal, then you will receive the ESA assessment rate wile you wait for a hearing, subject to the 12 month limit if you are receiving ESA(CB). You will need to prove Fit Notes starting from the date of the Decision in order to receive payment.
The ESA Assessment rate and JSA rate are the same.
Gordon
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12 years 10 months ago #88555 by chrissy v
Replied by chrissy v on topic Re:Appeal
Thanks Gordon, i thought that was the case, well in my opinion i,m not fit for work so i won,t be going down the JSA route, also as far as i,m aware iv,e more than paid 30 years NI , so i,ll have to wait and see what paperwork i recieve from DWP. Are you automatically paid assessment rate ESA if you appeal as i was told my IB would cease on the 24th July , will i have to go any length of time without any income as IB is the only income i have coming in as i live alone and DLA is paid to motability. Many thanks.
Chrissy V
Chrissy V
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12 years 10 months ago #88560 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal
CV
You should be paid from the date you lodge an appeal, not asked for a Reconsideration, providing you supply a Fit Note covering you from when your IB stops.
Whether there is a break in your payments will depend on when you submit the appeal and the time it takes to get through the DWP systems.
Gordon
You should be paid from the date you lodge an appeal, not asked for a Reconsideration, providing you supply a Fit Note covering you from when your IB stops.
Whether there is a break in your payments will depend on when you submit the appeal and the time it takes to get through the DWP systems.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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