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TOPIC: 2nd tier

2nd tier 4 years 4 months ago #103902

Hi i am currently on DLA Mobility component for Life
and Industrial Injuries for life (no reduced earnings)
was currently on Incapacity benefit i was sent for a Medical if you can call it that
and no physical medical was given it was 99% verbal
i was cut off and put on ESA of £71 a week while i appealed it
i could not attend the Court hearing as it was in Birmingham court
so they looked at the appeal in my absence and it says using the evidence given we have disallowed it
now i have written off for a statement or reasons as i have been conned silly here
i have 2 prolapsed discs in my spine a Knee injury and i am 24 stone and suffer with severe depression i am happy to take a job if this fails but am i allowed to work in the work place on Tramadol 50mg and Anti Depressants Citalopram the way i feel now i feel like taken the whole bottle with some vodka :(

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Last Edit: by Gordon.

2nd tier 4 years 4 months ago #103909

skeggy-lad wrote: Hi i am currently on DLA Mobility component for Life
and Industrial Injuries for life (no reduced earnings)
was currently on Incapacity benefit i was sent for a Medical if you can call it that
and no physical medical was given it was 99% verbal
i was cut off and put on ESA of £71 a week while i appealed it
i could not attend the Court hearing as it was in Birmingham court
so they looked at the appeal in my absence and it says using the evidence given we have disallowed it
now i have written off for a statement or reasons as i have been conned silly here
i have 2 prolapsed discs in my spine a Knee injury and i am 24 stone and suffer with severe depression i am happy to take a job if this fails but am i allowed to work in the work place on Tramadol 50mg and Anti Depressants Citalopram the way i feel now i feel like taken the whole bottle with some vodka :(


We are very limited in the advice we can give in regard a potential appeal to the Upper Tribunal, you do need to be aware that you will not receive any payments while you do this.

You can make a new claim for ESA, assuming that more than six months have passed since the original Decision that you appealed, however, you will be required to re-qualify for ESA which will depend on you personal circumstances. This can be done in parallel to any appeal that you might make.

One comment on the limited information that we have on you from your posts, ESA is not awarded because of the conditions that you have, but rather on the effects of those conditions on your daily and specifically in relation to the 17 sets of ESA Descriptors, this is better explained in or ESA Claim guides. This is relevant to a new claim and any appeal.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

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

2nd tier 4 years 4 months ago #103917

Hi this is not what i was told on the Phone yesterday
i was told i will carry on revving my £71 a week while this continues?
so who is write here?

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Last Edit: by Gordon.

2nd tier 4 years 4 months ago #103920

skeggy-lad wrote: Hi this is not what i was told on the Phone yesterday
i was told i will carry on revving my £71 a week while this continues?
so who is write here?


The DWP are not legally required to pay claimants appealing to the Upper Tribunal, the only cases where they have, that I am aware of, have been where they initiated the appeal, I am not aware of any case where this has happened when the claimant has made the request.

Gordon

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

2nd tier 4 years 4 months ago #103921

i will give them another ring

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2nd tier 4 years 4 months ago #103922

skeggy-lad

Just to add.

An appeal to the Upper Tribunal cannot be made on the basis that you disagree with the Decision, it can only be made if you can show that there has been an Error of Law in the proceedings, see

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Gordon

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