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ESA Renewal and regulation 29 and 35

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8 years 10 months ago #170656 by AllyeB
Replied by AllyeB on topic ESA Renewal and regulation 29 and 35
Just to say how useful this thread is - today at a tribunal I managed to get individual from O points (JSA) to support group ESA using regulation 35 argument.
The following user(s) said Thank You: slugsta, Painblock68
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8 years 10 months ago #170745 by Painblock68
Replied by Painblock68 on topic ESA Renewal and regulation 29 and 35

Alison Brown wrote: Just to say how useful this thread is - today at a tribunal I managed to get individual from O points (JSA) to support group ESA using regulation 35 argument.


Well done you :)
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8 years 10 months ago #170746 by Painblock68
Replied by Painblock68 on topic ESA Renewal and regulation 29 and 35
Well today I had the report back from my WCA,It did say in it that they watch me from the car park and when I got back into the car when my wife picked me up from outside the building it also said that they could see I was in pain and my hands and wrist was swollen and that they used the letter from my doctor and specialist and that they only awarded me 18 months because they wanted to know the outcome of a knee operation that I am down to have.

I also had a letter for pip I got to telephone them before the 6th to let them know if I will be claiming pip.
I am on DLA at the moment lower rate I was awarded this indefinitely that was over 3 years ago.I don't know if I can claim pip though because there is no lower rate on pip if I have read it right.

Is the medical the same or different to the WCA ?
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8 years 10 months ago - 8 years 10 months ago #170754 by Gordon
Replied by Gordon on topic ESA Renewal and regulation 29 and 35
Painblock

Re The PIP. It doesn't matter what award you have of DLA as you will be assessed from scratch. It's possible that you will not meet the criteria as many of those on Lower Rate Care will not qualify but we have also seen members moved to the Enhanced rate for PIP Daily Living so it is not a foregone conclusion, sometimes the PIP criteria favours certain claimants.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by Gordon.
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8 years 10 months ago #170765 by slugsta
Replied by slugsta on topic ESA Renewal and regulation 29 and 35
I was on low rate care for DLA and am now on standard care rate of PIP, so it is certainly not everyone on low rate care DLA who loses out.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 8 months ago #177271 by Painblock68
Replied by Painblock68 on topic ESA Renewal and regulation 29 and 35
Thank you and Merry Christmas to everyone on this site and I wish you all well for 2017.

Just a update with me, I have sent my form off for PIP and had a letter back saying they are dealing with my claim.

So I am just waiting to hear now bad or good news so fingers crossed.

Thank you again for all your help in the last year :)
The following user(s) said Thank You: Gordon
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