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'Evidence' Problem
- bro58
11 years 2 months ago #99395 by bro58
Replied by bro58 on topic 'Evidence' Problem
The MED 3 replaced the old style "Sick Note" :
Sample MED 3
www.patient.co.uk/doctor/Certification-in-Primary-Care.htm
bro58
Sample MED 3
www.patient.co.uk/doctor/Certification-in-Primary-Care.htm
bro58
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- Spridgett
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11 years 2 months ago - 11 years 2 months ago #99419 by Spridgett
Replied by Spridgett on topic 'Evidence' Problem
Hi,
My query relates to the reference made to the P45 in this thread. If you have been found FTW, following migration from IB to ESA, and are in receipt of the assessment rate of ESA pending an appeal, is this payment classed as taxable? I ask this because I have not received a P45 in relation to this income as yet.
Thanks.
My query relates to the reference made to the P45 in this thread. If you have been found FTW, following migration from IB to ESA, and are in receipt of the assessment rate of ESA pending an appeal, is this payment classed as taxable? I ask this because I have not received a P45 in relation to this income as yet.
Thanks.
Last edit: 11 years 2 months ago by Gordon.
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- Gordon
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- Posts: 51075
11 years 2 months ago #99426 by Gordon
Even if you are receiving the ESA Assessment rate it will still be either (ESA(IR) or ESA(CB), Income Related ESA is not liable to tax and Contribution Based ESA is liable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 'Evidence' Problem
Spridgett wrote: Hi,
My query relates to the reference made to the P45 in this thread. If you have been found FTW, following migration from IB to ESA, and are in receipt of the assessment rate of ESA pending an appeal, is this payment classed as taxable? I ask this because I have not received a P45 in relation to this income as yet.
Thanks.
Even if you are receiving the ESA Assessment rate it will still be either (ESA(IR) or ESA(CB), Income Related ESA is not liable to tax and Contribution Based ESA is liable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Spridgett
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- Christina Royal
- Topic Author
11 years 2 months ago - 11 years 2 months ago #99582 by Christina Royal
Replied by Christina Royal on topic 'Evidence' Problem
I've just realised that I haven't got anything specifying how many points I scored in my appeal bundle.
Can I just write and ask for them or is there a specific named document that I need?
Can I just write and ask for them or is there a specific named document that I need?
Last edit: 11 years 2 months ago by Gordon.
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- Gordon
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11 years 2 months ago #99589 by Gordon
The appeal bundle should include all of the documents used in the making of the Decision on your claim.
The ESA85(A) which is produced by an ATOS assessor should give you an indication of which descriptors you scored points for, they are usually referred to by their references number; 1a, 1b or 2a, etc., the guides in the members area will explain what they mean.
As there should have been a Reconsideration, there should also be an LT54, this may also refer to the descriptors by reference
Finally, there may be an ESA72, we are not sure when this is produced and whether it is done for all claims, but this may also explain it.
You can also be placed in the WRAG because of Regulation 29, which is referred to a Exceptional Circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 'Evidence' Problem
CassieT wrote: I've just realised that I haven't got anything specifying how many points I scored in my appeal bundle.
Can I just write and ask for them or is there a specific named document that I need?
The appeal bundle should include all of the documents used in the making of the Decision on your claim.
The ESA85(A) which is produced by an ATOS assessor should give you an indication of which descriptors you scored points for, they are usually referred to by their references number; 1a, 1b or 2a, etc., the guides in the members area will explain what they mean.
As there should have been a Reconsideration, there should also be an LT54, this may also refer to the descriptors by reference
Finally, there may be an ESA72, we are not sure when this is produced and whether it is done for all claims, but this may also explain it.
You can also be placed in the WRAG because of Regulation 29, which is referred to a Exceptional Circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Christina Royal
- Topic Author
10 years 9 months ago - 10 years 9 months ago #106801 by Christina Royal
Replied by Christina Royal on topic 'Evidence' Problem
My tribunal on the decision to put me into WRAG instead of the Support Group was yesterday, and this morning I received a letter to say that the appeal had been allowed, the original decision had been set aside, and I am entitled to ESA with the support component. It also recommended that I am not reassessed until July 2015, but I am aware that the DWP doesn't have to take that advice, and most probably won't.
The issue I have now is that because this tribunal was meant to happen in April but was cancelled due to lack of staff, my year is almost up in terms of that claim, and two weeks ago I had to send in a new ESA50 for the new claim for this year. Is there any chance at all that when the DWP receive the letter from the tribunal they will put two and two together, particularly in light of the Leave Her Alone For Two Years advice, and cancel the new claim? And if not, if it does go ahead, will the Decision Maker have access to this Tribunal decision? This last year has been hell, mostly because I didn't find this site until after my claim and subsequent appeal had been submitted and the thought of having to start the fight all over again literally possibly within weeks is not appealing.
Also, for anybody facing a tribunal, I just want to say that it wasn't the horrific experience I was expecting at all. I am agoraphobic so was already on the back foot when I got there, and then they were running an hour behind, but the doctor and lawyer I saw could not have been nicer; they even apologised when they had to ask sensitive questions. I could have waited for the decision but needed to get out of there quickly as I was being overwhelmed by panic attacks, but they promised the decision would be in the post last night, and it was.
The issue I have now is that because this tribunal was meant to happen in April but was cancelled due to lack of staff, my year is almost up in terms of that claim, and two weeks ago I had to send in a new ESA50 for the new claim for this year. Is there any chance at all that when the DWP receive the letter from the tribunal they will put two and two together, particularly in light of the Leave Her Alone For Two Years advice, and cancel the new claim? And if not, if it does go ahead, will the Decision Maker have access to this Tribunal decision? This last year has been hell, mostly because I didn't find this site until after my claim and subsequent appeal had been submitted and the thought of having to start the fight all over again literally possibly within weeks is not appealing.
Also, for anybody facing a tribunal, I just want to say that it wasn't the horrific experience I was expecting at all. I am agoraphobic so was already on the back foot when I got there, and then they were running an hour behind, but the doctor and lawyer I saw could not have been nicer; they even apologised when they had to ask sensitive questions. I could have waited for the decision but needed to get out of there quickly as I was being overwhelmed by panic attacks, but they promised the decision would be in the post last night, and it was.
Last edit: 10 years 9 months ago by bro58.
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