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Won at Appeal! 2 years 11 months ago #223411

I just want to thank all of you at Benefits and Work for the support I've had from your website. At the appeal yesterday I was put back into the ESA support group, with a recommendation that I shouldn't be reassessed! I wouldn't have got that without you - your advice and guides have been as good as having my own solicitor! I was terrified at appearing before the Tribunal but they were very pleasant and I understand now why it's so important to appeal if assessment lets you down. I don't think I'm quite out of the woods yet - the letter said that if the DWP wished to appeal the Tribunals decision they could, and the Tribunal couldn't make the DWP pay!

On another topic, I've received a form ESA3(IBR)06/18 and a letter telling me I might be eligible for Income-based ESA. Since I began receiving ESA I've always been told I had too much income to be eligible, so does anyone know what this is about?

Won at Appeal! 2 years 11 months ago #223427


Congratulations on the appeals win, well done.

It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call to make sure that they have received the Decision Notice.

The following explains about the form you have received.


The following user(s) said Thank You: Mesozoic
Nothing on this board constitutes legal advice - always consult a professional about specific problems

Won at Appeal! 2 years 10 months ago #225199

I just read of your success and wanted to know if when you were assessed and taken off ESA did they tell you to claim UC . Am asking because this happened to my sister they stopped her ESA benefit and told her to claim UC while she appealed her decision . With a lot of help from me we got enough evidence for her to win her appeal but they have told her she cNt go back onto ESA as we are in an area where UC has been rolled out but her benefit is over 100 pounds a month less because although she won her appeal they said hers was a new claim on UC so the cut off date for the enhanced payment doesn’t apply . So basically she has won her appeal but it’s done her no good as she can’t go back onto esa. Any advice please?

Won at Appeal! 2 years 10 months ago #225221


You've replied to a post from over a month ago :(

I'm afraid, once a claim for UC is made then that is it, you cannot return to what are now called legacy benefits. However, the award from the Tribunal should be transferred to UC and if she would have received more under ESA, then there should also be a back payment for the difference.

Your sister may need to chase the UC people to get the award implemented.

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