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  • witch1e
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8 years 8 months ago - 8 years 8 months ago #114065 by witch1e
Good news was created by witch1e
You may remember a few months ago I wrote to tell you of the bad experience my son had at his ESA appeal He was searched and embarrassed on his way into the court and then had his appeal turned down with 0 points. Taking advice offered on this site he immediately reapplied and this time without a medical or interview he was placed into the support group until 2015 As well as this he went to his DLA appeal last week and again went from 0 points to higher rate mobility and high rate of care. His case worker also tells him that he should be entitled to additional disability premium because he lives alone and doesn't have a carer. I really just wanted to say a huge thank you to people here for your encouragement and advice Thank You
Last edit: 8 years 8 months ago by Gordon.

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8 years 8 months ago #114067 by Gordon
Replied by Gordon on topic Good news

witch1e wrote: You may remember a few months ago I wrote to tell you of the bad experience my son had at his ESA appeal He was searched and embarrassed on his way into the court and then had his appeal turned down with 0 points. Taking advice offered on this site he immediately reapplied and this time without a medical or interview he was placed into the support group until 2015 As well as this he went to his DLA appeal last week and again went from 0 points to higher rate mobility and high rate of care. His case worker also tells him that he should be entitled to additional disability premium because he lives alone and doesn't have a carer. I really just wanted to say a huge thank you to people here for your encouragement and advice Thank You


I am sorry that it has been such a long journey, but congratulations on the two awards.

Gordon

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8 years 8 months ago #114068 by Gordon
Replied by Gordon on topic Good news
witch1e

Just to add.

The Severe Disability Premium should be added to his ESA providing that he lives alone and no one claims Carers Allowance against his DLA, it should be automatic but is does not hurt to nudge the DWP about it. If he is currently only receiving Contribution ESA he will have to request an ESA3 so that an Income Related ESA top-up can be added to allow the SDP to be payable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: witch1e

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8 years 8 months ago #114069 by slugsta
Replied by slugsta on topic Good news
That is great news! I am so glad that persistence paid off. Thank you for letting us know and for your kind words about this site :)

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  • witch1e
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8 years 8 months ago - 8 years 8 months ago #114070 by witch1e
Replied by witch1e on topic Good news
just a very quick question His original DLA claim goes back to last December and although it was turned down very quickly, his appeal has taken until now to be heard, now that the appeal has ruled in his favour does he get DLA paid from last week or from his claim date ?
Last edit: 8 years 8 months ago by Gordon.

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8 years 8 months ago - 8 years 8 months ago #114074 by Gordon
Replied by Gordon on topic Good news

witch1e wrote: just a very quick question His original DLA claim goes back to last December and although it was turned down very quickly, his appeal has taken until now to be heard, now that the appeal has ruled in his favour does he get DLA paid from last week or from his claim date ?


He should get back dated payments from the date of the Decision that he appealed.

The SDP may be more complicated. He will have eligibility from the date of the DLA Decision that was appealed, but SDP is only payable if there is also an Income Related benefit in payment, so depending on the dates, he should be paid the SDP while he was waiting for his ESA Appeal if he was receiving ESA(IR) even though it was at the Assessment rate. He will certainly be entitled to payment on his new claim for ESA.

I hope that is not too confusing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 8 months ago by Gordon.

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