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Tribunal results...
- Gordon
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12 years 4 months ago #102606 by Gordon
It is not clear cut, they will consider
- Income
- Asset rule for ESA(IR)
- 24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal results...
archie0123 wrote: I expect them to bombard me sooner than later!!
What I am now confused/worried about is the CB ESA and the IR ESA. The CB ESA will end in the beginning of August. My husband works (self employed) Am I right in thinking that that will mean I will not get IR ESA - therefore no more benefits?? We have no savings at all!!
It is not clear cut, they will consider
- Income
- Asset rule for ESA(IR)
- 24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- archie0123
- Topic Author
12 years 4 months ago - 12 years 4 months ago #102607 by archie0123
Replied by archie0123 on topic Tribunal results...
The appeal panel did say I could appeal to be moved to the support group. Think I should wait for the hearing paperwork to come through and take it from there!!
Last edit: 12 years 4 months ago by Gordon.
- bro58
12 years 4 months ago - 12 years 4 months ago #102608 by bro58
Replied by bro58 on topic Tribunal results...
Hi a0123,
Sorry to have rained on your parade somewhat, with respect to CB ESA.
This : Benefits Calculator may give you some idea whether you would be entitled to IR ESA.
Ideally, you should seek face to face advice, where they have access to all your personal information :
Where to get advice?
bro58
Sorry to have rained on your parade somewhat, with respect to CB ESA.

This : Benefits Calculator may give you some idea whether you would be entitled to IR ESA.
Ideally, you should seek face to face advice, where they have access to all your personal information :
Where to get advice?
bro58
Last edit: 12 years 4 months ago by bro58.
- Gordon
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12 years 4 months ago #102609 by Gordon
You can only appeal a Tribunal Decision if you can show there has been an Error of Law in the original proceedings, this usually results in a new Tribunal who will review your claim from scratch.
If your condition has deteriorated since the date of the Decision you appealed, then you can request a re-assessment by writing to your local DWP with this information,
As you would be the one initiating the assessment, the burden of proof lies on you to prove your case and you will be expected to provide any and all medical evidence.
Qualifying for the Support Group
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal results...
archie0123 wrote: The appeal panel did say I could appeal to be moved to the support group. Think I should wait for the hearing paperwork to come through and take it from there!!
You can only appeal a Tribunal Decision if you can show there has been an Error of Law in the original proceedings, this usually results in a new Tribunal who will review your claim from scratch.
If your condition has deteriorated since the date of the Decision you appealed, then you can request a re-assessment by writing to your local DWP with this information,
As you would be the one initiating the assessment, the burden of proof lies on you to prove your case and you will be expected to provide any and all medical evidence.
Qualifying for the Support Group
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- bro58
12 years 4 months ago #102610 by bro58
Replied by bro58 on topic Tribunal results...
Hi a0123,
With respect to Gordon's latest advice, to even consider appealing to The Upper Tier, on an Error in Law, you would first need to request a Written Statement of Reasons from The Tribunal within a month of the decision, see :
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
bro58
With respect to Gordon's latest advice, to even consider appealing to The Upper Tier, on an Error in Law, you would first need to request a Written Statement of Reasons from The Tribunal within a month of the decision, see :
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
bro58
- archie0123
- Topic Author
12 years 4 months ago #102617 by archie0123
I think I shall switch off from it all for a few days!! It is all so complex. I am exhausted both mentally and physically. A few days off may revive me.
I must say ....you guys are fantastic and a wealth of knowledge and help...
Will bid you all good night.
Replied by archie0123 on topic Tribunal results...

I must say ....you guys are fantastic and a wealth of knowledge and help...
Will bid you all good night.
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