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little bit of advise needed please

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 3 months ago #24679 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:little bit of advise needed please
Hi CD,

Absolutely, this was the advice given by Steve earlier in the thread.

I was thinking that as the poster has received no ESA, perhaps they could claim a means-tested benefit which are outside my area of expertise.

Kind regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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14 years 3 months ago - 14 years 3 months ago #24683 by Crazydiamond
Replied by Crazydiamond on topic Re:little bit of advise needed please
Jima1 wrote:

Hi CD,

Absolutely, this was the advice given by Steve earlier in the thread.

I was thinking that as the poster has received no ESA, perhaps they could claim a means-tested benefit which are outside my area of expertise.

Kind regards.

Jim


Hi Jim,

The normal practice is for ESA to continue at the assessment rate, and this should have been reinstated as soon as the appeal was received.

Some DWP offices were quoted as saying that if an appeal was lodged against the adverse ESA decision, the appellant had to specifically state that they wished to be paid at the assessment rate. This has now deemed to be incorrect.

No other means tested benefit could be claimed other than possibly income-based JSA, which would not be appropriate as there is a clear dispute about fitness for work. Income Support is not payable when a claimant/appellant has claimed ESA. The appellant in this case is perfectly entitled to claim assessment rate ESA, and would be advised to claim all the arrears of the allowance.

Regards,

CD

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 3 months ago by Crazydiamond.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 3 months ago #24689 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:little bit of advise needed please
Hi CD,

Many thanks for the clarification. Again my knowledge of ESA leaves a lot to be desired. I don't seem to be able to absorb and retain new knowledge these days.

I think my MS is affecting my memory recall, plus not far off 70 now. :cheer:

Kind regards

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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14 years 3 months ago #24778 by cdcdi1911
Replied by cdcdi1911 on topic Re:little bit of advise needed please
Hi Crazydiamond

Do you still need your GP's support to claim ESA at the assessment rate while awaiting the outcome of an appeal (for medical certificates)?

Regards

Derek

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14 years 3 months ago #24790 by Crazydiamond
Replied by Crazydiamond on topic Re:little bit of advise needed please
DepressedDerek wrote:

Hi Crazydiamond

Do you still need your GP's support to claim ESA at the assessment rate while awaiting the outcome of an appeal (for medical certificates)?

Regards

Derek


Yes, you need to submit medical certificates from a GP during the appeal process, in order to continue to claim ESA at the assessment rate.

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  • lollyred1
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14 years 3 months ago #24817 by lollyred1
Replied by lollyred1 on topic Re:little bit of advise needed please
Thank you all for replying, i have so far recieved no esa not even at assment rate except for £10 and this has been going on since 29th July last year, looks like another visit to CAB is in order lol x

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