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Tribunal
- Brian Johnson
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10 years 5 months ago - 10 years 5 months ago #113684 by Brian Johnson
Tribunal was created by Brian Johnson
Help/advice please !!! I was placed in the WRAG group from IB - and this ended on July 16th
this year. I had already asked for a re-appraisal of the situation ( I think this wwas done in Cardiff), and the answer came back 'NO CHANGE' (TO THE DECISION.). i had intended to go for
a tribunal hearing, but was so depressed and put off by the idea, that I withdrew it. Given the success of others I have read about on here, am I allowed to seek a tribunal in the future ? If so,
how do I go about seeking this ?
The medical conditions are all CHRONIC, I don't even qualify for the heating allowance yet (born
29th July '52), and am surviving on am occupational pension.
jojo3402
this year. I had already asked for a re-appraisal of the situation ( I think this wwas done in Cardiff), and the answer came back 'NO CHANGE' (TO THE DECISION.). i had intended to go for
a tribunal hearing, but was so depressed and put off by the idea, that I withdrew it. Given the success of others I have read about on here, am I allowed to seek a tribunal in the future ? If so,
how do I go about seeking this ?
The medical conditions are all CHRONIC, I don't even qualify for the heating allowance yet (born
29th July '52), and am surviving on am occupational pension.
jojo3402
Last edit: 10 years 5 months ago by Gordon.
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- Gordon
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10 years 5 months ago #113686 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal
BJ
I am afraid you are now outside the maximum period for making an appeal on the July 2012 Decision, however, in your last post you mentioned that you had received a new ESA50, have you received a new Decision on this assessment yet?
If the Decision on this new assessment was made on or after 28 October and you received notice that you are subject to a Mandatory Reconsideration, then you will need to ask for an MR before you can actually lodge an appeal. You will not be paid while this occurs
If it was before the 28th or you have not received notice of an MR then you can go straight to an appeal, although the DWP will still do a Reconsideration before passing your papers to the Tribunal, again you will not be paid while this occurs.
In either case, should you win your challenge, either at the Reconsideration stage or appeal and you are placed in the Support Group then your ESA(CB) will be re-instated from the date of the Decision you are challenging.
In all cases you will need to show that you meet the criteria for the Support Group.
Qualifying for the Support Group
Have you checked whether you are eligible for Income Related ESA? I know you have an Occupational Pension but if you qualify for Housing Benefit then I would have expected you to get ESA(IR), although it is not certain.
Gordon
I am afraid you are now outside the maximum period for making an appeal on the July 2012 Decision, however, in your last post you mentioned that you had received a new ESA50, have you received a new Decision on this assessment yet?
If the Decision on this new assessment was made on or after 28 October and you received notice that you are subject to a Mandatory Reconsideration, then you will need to ask for an MR before you can actually lodge an appeal. You will not be paid while this occurs
If it was before the 28th or you have not received notice of an MR then you can go straight to an appeal, although the DWP will still do a Reconsideration before passing your papers to the Tribunal, again you will not be paid while this occurs.
In either case, should you win your challenge, either at the Reconsideration stage or appeal and you are placed in the Support Group then your ESA(CB) will be re-instated from the date of the Decision you are challenging.
In all cases you will need to show that you meet the criteria for the Support Group.
Qualifying for the Support Group
Have you checked whether you are eligible for Income Related ESA? I know you have an Occupational Pension but if you qualify for Housing Benefit then I would have expected you to get ESA(IR), although it is not certain.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- slugsta
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10 years 5 months ago #113698 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Tribunal
As an aside to Gordon's excellent advice, I see that your username might be your real name. Many people prefer to use an alias in order to maintain a degree of anonymity. if you wish to change your username you can do it by following the advice in this FAQ
My full name is showing, how can I stop it?
My full name is showing, how can I stop it?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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