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Cos 2 out of 3 aint bad !

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10 years 4 months ago - 10 years 4 months ago #113560 by Buckie
Cos 2 out of 3 aint bad ! was created by Buckie
As the song goes 2 out of 3 ain't bad...

I claimed and won on Appeal DLA
I claimed and won on Appeal ESA
and asked that my Industrial Injuries Benefit be looked at again, but was told to re-consider my Appeal as I had a very high rate already and if anything was found in my medical history that may or could have worsened my condition I could have my Indust ben cut or even taken off me ! I knew there were a few whiplash accidents so did not feel I wanted to take the chance so withdrew my Appeal ...

ESA
I rang to enquire if they had received the Appeal decision ? I was told I no longer had to send in sick notes ? I questioned this but was told when you had the support component you did not need to send in sick notes, until your next review ? IS this the case ?
Also on the Appeal paper it states I should not be reviewed for a further 18 months from the date of this decision letter. Is that also the case ? As I thought it was from the DM decision date but may have now changed ? If not has the tribunal taken this into consideration and therefore may need to adjust there recommendation by 12 months ?

Thanks guy's, if not for the documentation in here I dare say I would have lost and been wrongly treat !!!

THANKS ALL
Last edit: 10 years 4 months ago by slugsta.

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10 years 4 months ago #113563 by slugsta
Replied by slugsta on topic Cos 2 out of 3 aint bad !
Hi Buckie,

Thanks for the update, I am glad that you are satisfied with the results of your ESA and DLA appeals, it does sound as if you took the pragmatic approach to the IIB appeal.

In answer to your questions-

No, you do not have to send in further med certs once you have been awarded main phase ESA, whether this be Support Group like yourself or WRAG.

Time until reassessment is usually counted from the original decision. You probably know that the Tribunal can only advise on this anyway, this advice is not binding on DWP who can - and do - make their own decision on this.

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

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10 years 4 months ago #113565 by Buckie
Replied by Buckie on topic Cos 2 out of 3 aint bad !
That is news to me ? about the sick notes... The young lady also mentioned if I were in the WRAG I'd have to continue handing in those sick notes ? ... and the 356 day rule would still apply, thus rendering me from next week to be out of date !
She ended saying, it could take up to 8 weeks to back-date monies and amend all documentation though, I'm just happy to be done with it all (until the next time that is)

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10 years 4 months ago #113567 by Gordon
Replied by Gordon on topic Cos 2 out of 3 aint bad !

Buckie wrote: That is news to me ? about the sick notes... The young lady also mentioned if I were in the WRAG I'd have to continue handing in those sick notes ? ... and the 356 day rule would still apply, thus rendering me from next week to be out of date !
She ended saying, it could take up to 8 weeks to back-date monies and amend all documentation though, I'm just happy to be done with it all (until the next time that is)


Fit Notes are only required during the Assessment phase of a new claim or whilst appealing a Fit for Work Decision.

Gordon

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10 years 4 months ago #113571 by slugsta
Replied by slugsta on topic Cos 2 out of 3 aint bad !
Sometimes claimants are asked to submit sicknotes if DWP has not yet received the tribunal decision.

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