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ESA and appeal
12 years 1 week ago - 12 years 1 week ago #103324 by Motherbored21
ESA and appeal was created by Motherbored21
Hi, hope someone can help!
My son applied and sucessfully received ESA last year. After an ATOS meeting in Feb this year, it was reversed, as they thought he was able to work and son signed onto JSA. Doctor and support workers disagreed with this decision and told my son to appeal.
My son was told not to bother appealing, but to re-apply and, surprise, surprise, was told that he could not re-claim ESA as he had had a previous claim refused in the preceeding 6 months. I then joined here
and wrote a late appeal, as I was told to do, for the original claim. I did this as son was unable to do it due to ill health.
I was then told by JC+ not to bother about the old claim and to appeal against the newer claim, as it was just inside the months grace you get for an appeal. We sent appeal letter, as per this site and a copy of his doctors note, as they couldn't find the original.
Called them today only to be told that he should wait another month and put in a new claim! and, yes, yet again, they have mislaid/not received the 2nd sick note from his doctor.
Can someone please advise me as to what I need to do now? Son has been awarded DLA today, so that was something positive!
Thanks in advance
My son applied and sucessfully received ESA last year. After an ATOS meeting in Feb this year, it was reversed, as they thought he was able to work and son signed onto JSA. Doctor and support workers disagreed with this decision and told my son to appeal.
My son was told not to bother appealing, but to re-apply and, surprise, surprise, was told that he could not re-claim ESA as he had had a previous claim refused in the preceeding 6 months. I then joined here
and wrote a late appeal, as I was told to do, for the original claim. I did this as son was unable to do it due to ill health.I was then told by JC+ not to bother about the old claim and to appeal against the newer claim, as it was just inside the months grace you get for an appeal. We sent appeal letter, as per this site and a copy of his doctors note, as they couldn't find the original.
Called them today only to be told that he should wait another month and put in a new claim! and, yes, yet again, they have mislaid/not received the 2nd sick note from his doctor.
Can someone please advise me as to what I need to do now? Son has been awarded DLA today, so that was something positive!
Thanks in advance
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12 years 1 week ago - 12 years 1 week ago #103330 by Motherbored21
Replied by Motherbored21 on topic ESA and appeal
Thank you Gordon.
Unfortunately the DWP have not paid him a penny since Feb, despite the letter telling them to reinstate payments whilst appeal was in process. Apparently, as they have not yet decided whether he can appeal against either claim, they won't pay him, they will only pay when they have decided he can appeal.
The first claim, I believe, has expired, as no appeal was sent in within the 1 months grace.
My son suffers from stress, depression and anxiety, all of which is being made worse at the moment
Unfortunately the DWP have not paid him a penny since Feb, despite the letter telling them to reinstate payments whilst appeal was in process. Apparently, as they have not yet decided whether he can appeal against either claim, they won't pay him, they will only pay when they have decided he can appeal.
The first claim, I believe, has expired, as no appeal was sent in within the 1 months grace.
My son suffers from stress, depression and anxiety, all of which is being made worse at the moment
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12 years 1 week ago #103333 by Gordon
Your original posts suggests
"I then joined here and wrote a late appeal, as I was told to do, for the original claim"
that you made a late appeal against the original Decision?
Has he supplied Fit Notes covering from the date of the original Decision.
I am conscious that the forum will be closing shortly, the most important thing for you to do is to get access to a trained advisor, this situation should never have arisen, but now that it has, it will take some sorting out and you need someone who can write letters on your behalf referencing the correct legislation, and showing how the DWP have ****ed it up.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and appeal
Motherbored21 wrote: Thank you Gordon.
Unfortunately the DWP have not paid him a penny since Feb, despite the letter telling them to reinstate payments whilst appeal was in process. Apparently, as they have not yet decided whether he can appeal against either claim, they won't pay him, they will only pay when they have decided he can appeal.
The first claim, I believe, has expired, as no appeal was sent in within the 1 months grace.
My son suffers from stress, depression and anxiety, all of which is being made worse at the moment
Your original posts suggests
"I then joined here
and wrote a late appeal, as I was told to do, for the original claim"that you made a late appeal against the original Decision?
Has he supplied Fit Notes covering from the date of the original Decision.
I am conscious that the forum will be closing shortly, the most important thing for you to do is to get access to a trained advisor, this situation should never have arisen, but now that it has, it will take some sorting out and you need someone who can write letters on your behalf referencing the correct legislation, and showing how the DWP have ****ed it up.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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