me & my various benefits

[MIKEY DABODEE]

they should reduce your repayments as you now receive less benefit...

[worried33]

during appeal do they make you do the work focused interviews?

[shazajo]

during appeal do they make you do the work focused interviews?

 

Well I hope not because if they do then we should all recieve the WRAG rate not asessment rate

[speedfreek]

My understanding, shazajo, is that you get the assessment rate only whilst you appeal to a Tribunal. No premium.

 

Nah you just don't get the ESA component.

 

ESA becomes the primary benefit so takes over the paying of any extra premiums bonuses you had through other benefits.

 

It depends on quite few different factors Shazajo so your best bet is to use a benefits calculator and read up on the DWP site to what actually crosses over from each benefit you're on.

 

Most Council website have them plus a few other sites on line, use a couple to see what results you get.

 

Edit: see 13.3 Premiums here >>>>> http://www.disabilityrightsuk.org/f31.htm

 

There's a bit on HB premiums here too >>>>> http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/closer-working-with-dwp/employment-and-support-allowance/

 

during appeal do they make you do the work focused interviews?

 

Not any more they don't. Previously they did which was just plain silly.

Edited April 13, 2012 by speedfreek

[worried33]

You should get a letter regarding payments while you appeal, yes. However, it can take a few weeks to process a newly received appeal, so I wouldn't assume that you'll get your payment on the normal day. Of course, provided you keep your sick/fit notes up to date, any late payment will be backdated when it is finally issued.

 

What happens is that your appeal, once received, is sent to the appeals team at the processing office. They will check that it is "valid" - that is, that is is sent on form GL24 or on a letter stating that it is an appeal, that it's clear what it is you are appealing, and that it is signed. After that, they carry out a reconsideration - this is an internal DWP process in which they will check to see if they can change the decision in your favour without the need for an appeal. If they can, great, the decision will be changed and the appeal won't go ahead. If they stick with the original decision (as they usually do, I'm afraid) then they will forward your appeal to the Tribunal.

 

All of this takes time, sadly, which is why I say not to expect your payment on time.

 

You have an guestimate time for this? as it concerns me also.

 

Here is a timescale I have for my current appeal (which isnt paid as not for failed medical).

 

I submitted appeal and they recieved it, then there was a 3 week gap until I got postal confirmation the appeal had been recieved. Would this confirmation trigger the payment, or does it not start until the DWP submit to the tribunal service.

As since that confirmation a further 2 weeks passed and nothing. So now total 5 weeks passed.

 

I am currently 4 weeks without benefit, and potentially the process I still have left is to fail a medical (which I have no appointment for yet) and then appeal that failed medical and then of course wait until that appeal is been processed for benefit.

[worried33]

-edited as I posted same thing twice.-

Edited April 13, 2012 by worried33
duplicate post

[shazajo]

Hi

 

Does anyone know the address for me to send hubbys sick note to?, I know last time it was stockton, just that I cant make it to the jobcentre to get an envelope and I want to send it recorded delivery anyway, many thanks

[shazajo]

Anyone? ive tried searching google but the only one I can find is darryl house does this sound right? I dont want to post sick note if its not right address

[honeybee13]

Hello there.

 

Can you ring them? The people dealing with the claim should be able to tell you.

 

Keep a note of the time and date and the name of the person you speak to with details of what they say, just in case.

 

My best, HB

[Nystagmite]

Is there nothing on any letters they've sent you?

[shazajo]

As some of you may be aware we are appealing our ESA, they have wrote to us a couple of months ago saying we will get paid while on appeal, but the question is we havent even heard nothing from the tribunals service, is this normal?, we have not got a date for appeal yet

[honeybee13]

Hello there.

 

I don't think it's unusual at all. It could be months before you see a tribunal panel, I'm afraid. I'm not sure how much notice they give you, maybe someone else does.

 

My best, HB

[shazajo]

Thanks Honeybee13

 

I just thought I would of had some paperwork from the tribunal before we submit further evidence, all we have had is we will pay you until a decision has been made

[RaeUK]

In due course, if you haven't already had it, you will be sent a large envelope of bumpf which includes copies of why the DWP turned down your application, copies of your evidence, ESA50 and the ATOSH full report. You will also, in time, be given a date for your Tribunal normally about three weeks notice or thereabouts. You can send additional evidence to the Tribunals Service to arrive no later than a week before your hearing. You can, in exceptional circumstances, submit further items on the day. The entire process from failing ESA to a hearing can be up to one year...

[shazajo]

Thanks RaeUK

 

Yeah I knew it can take up to a year to get to appeal, I just wasnt sure if we should of had some kind of paperwork by now so thanks for the info, its much appreciated

[flumps1976]

The paperwork isn't usually sent out until a few weeks before your appeal date

[shazajo]

As some of you are aware we have appealed our ESA we got turned down back in march, and today we have just getting some papers ie: copy of ESA form, gp report HCP report etc and the letter states we have sent our evidence to the tribunals service, they will get in touch with us as they have made a decision not to change our original decision as of the 3rdseptember 2012, so does anyone know roughly how long we will wait to go to tribunal? and when we will hear of a date, thanks

[Nystagmite]

That can take months, unfortunately.

[honeybee13]

Hello there.

 

Mine took about 18 months, but I think I was unlucky. After a couple of mess-ups, my benefits centre put my papers in with the 'dead' filing and denied all knowledge for a while.

 

I hope you're luckier than that.

 

If you know who's dealing with it at the tribunals service, you could try ringing them to see if they can give you an idea.

 

Spend the waiting time getting any extra evidence together and picking holes in the Atos report about you.

 

Have you got anyone helping you, I can't remember?

 

My best, HB

[osdset]

I waited from Feb to August this year for the hearing it was originally scheduled for October I think they are fast tracking them now to clear the backlogs.

[**Margaret**]

shazajo:

 

Ow long's that bit a string?

 

We've been waiting seventeen months for an incap tribunal so upwards of a year isn't unusual. Doesn't mean you'll have to wait that long. Some areas seem to be clearing employment and support allowance appeals in six to nine months.

 

Ow long's that bit of string? No idea, and neither have the tribunals service. Get your submission prepared, then live as normal a life as possible until you get a hearing date.

 

Sincerely, Margaret.

Edited September 6, 2012 by **Margaret**

[worried33]

some appeals are under 3 months in certian areas. Seems a lot of the delay is the DWP can take months to even send it off.

[shazajo]

Nystagmite

 

Is that months from the date we got refused ESA or months since we got papers today?, sorry im new to all of this

 

honeybee13

 

No we dont have anybody helping us, im representing my other half to which im dreading lol

 

Thanks everyone for keeping me up to speed, I just wasnt sure if we would get a date in the next 2-3 weeks or if it would be months from us getting the paperwork today, will post back when we hear of a date, as im sure I will have more questions and help

[id6052]

i have known appeals to be dealt with in 4 weeks

 

i have known others to take up to 4 years

[shazajo]

Are we entitled to ask for a copy of hubbys medical records to send in as further medical evidence? I know we will probably have to pay for these but we want the records from his counsellor if this is allowed?, thanks