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- Claiming ESA While waiting for Appeal Date
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Claiming ESA While waiting for Appeal Date
- Steve Donnison
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14 years 2 months ago #27202 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:Claiming ESA While waiting for Appeal Date
Hi All,
There has been - and continues to be - a great deal of confusion on the part of the DWP about what the law is relating to claiming ESA whilst appealing and regulations have already been amended once since the introduction of ESA.
I suspect issue of a new sick note arises if the decision to award the assessment rate whilst appealing is treated as, in effect, a new decision on a new claim requiring new evidence, rather than a continuation of the existing claim.
If your local office is happy to pay the assessment rate whilst you appeal without requiring a new sick note that's excellent. But many offices do require a new sick note to be provided.
Good luck,
Steve
There has been - and continues to be - a great deal of confusion on the part of the DWP about what the law is relating to claiming ESA whilst appealing and regulations have already been amended once since the introduction of ESA.
I suspect issue of a new sick note arises if the decision to award the assessment rate whilst appealing is treated as, in effect, a new decision on a new claim requiring new evidence, rather than a continuation of the existing claim.
If your local office is happy to pay the assessment rate whilst you appeal without requiring a new sick note that's excellent. But many offices do require a new sick note to be provided.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denni
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14 years 2 months ago #27204 by denni
Replied by denni on topic Re:Claiming ESA While waiting for Appeal Date
Thankyou Steve. But how can i get a sick note etc from my GP when i am not working.Sorry about all the questions but this is all new to me & very confusing.
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- Steve Donnison
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14 years 2 months ago #27207 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:Claiming ESA While waiting for Appeal Date
Hi Denni,
You don't need to be working to get a sick note - everyone who makes a claim for ESA has to have a sick note regardless of whether they are in employment.
But you're right, it is all very confusing.
Steve
You don't need to be working to get a sick note - everyone who makes a claim for ESA has to have a sick note regardless of whether they are in employment.
But you're right, it is all very confusing.
Steve
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- denni
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14 years 2 months ago #27252 by denni
Replied by denni on topic Re:Claiming ESA While waiting for Appeal Date
Well phoned my local DWP today they have told me all my paper work has been sent to the tribunual panel to look at, and their could be a possibility that the decision is changed ( lets hope & pray ). In the meantime they told me to phone my local Jobcentre regarding claiming for ESA at the assessment rate, the girl asked me a few questions and now they are going to send me a Form to fill in. ( Here we go again ) Now i'm wondering what they are asking me to fill in on this Form .Has anyone else been through this procedure. Thankyou in advance
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- Gordon
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14 years 2 months ago #27253 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Claiming ESA While waiting for Appeal Date
I visited my GP today, and found out that he had recieved notice of the initial decision regarding my ESA claim. He actually showed me the letter, it stated that he no longer needed to provide certificates as I had been deemed fit for work unless I was appealing the decision in which case certifcates would still be required..
I am still receiving the assessment rate (minus deductions) having sent the B&W standard letter.
My certifcates have been for three month periods, the doctor is willing write longer ones, especially as I am receiving no treatment for my ME/CFS and therefore unlikely to get better, but I opted for the shorter period to make sure he doesn't forget me
I am still receiving the assessment rate (minus deductions) having sent the B&W standard letter.
My certifcates have been for three month periods, the doctor is willing write longer ones, especially as I am receiving no treatment for my ME/CFS and therefore unlikely to get better, but I opted for the shorter period to make sure he doesn't forget me
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- denni
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14 years 2 months ago #27270 by denni
Replied by denni on topic Re:Claiming ESA While waiting for Appeal Date
Stephen what is the B & W Standard letter please?
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