Hi this is my first post but might be a pretty long winded one but i'll try my best.
I have recently won a appeal about a claim for employment support allowance. I was awarded 15 points after appealing the original 0 points and also said that they cannot re asses me for 18 months. I was also told by the judge that he would send off the details so I would be automaticly backdated and put on the new benefit. During the time I was off ESA I was on JSA and was expecting to be put on ESA within a few days of winning the appeal.
I informed the job centre about the appeal being won and they said they would still keep me on JSA until they had confirmation but after every visit to the job centre they had no confirmation and now (2 months later) i had my P45 through the post and someone from the job centre phoned me saying I was off JSA and ESA was never started after the appeal.
Even though I said I would appeal at the soonest possible opportunity the excuse for cancelling my claim was because I was was off all benefits for 13 weeks shortly after informing them of my wish to appeal. By the time I had my tribunal the benefit was already cancelled so the judge and doctor was debating over a benefit that now no longer existed.
I now have to re apply for the benefits and go through all the tests again even though its clearly written on paper that I'm entitled to ESA and not for them to re asses me till july 2014. It seems like a very minor technicality and i don't see how they can force me to sit identical, very bias tests and totally discredit what was already ruled upon by a judge.
I wanted to know if anyone had information if its still possible to use the judges reports. I don't see why they wont accept them as his ruling is still essentially in effect on ESA and the new claim I'm making is for the exact same benefit he ruled I could have till 2014. Thanks
I have recently won a appeal about a claim for employment support allowance. I was awarded 15 points after appealing the original 0 points and also said that they cannot re asses me for 18 months. I was also told by the judge that he would send off the details so I would be automaticly backdated and put on the new benefit. During the time I was off ESA I was on JSA and was expecting to be put on ESA within a few days of winning the appeal.
I informed the job centre about the appeal being won and they said they would still keep me on JSA until they had confirmation but after every visit to the job centre they had no confirmation and now (2 months later) i had my P45 through the post and someone from the job centre phoned me saying I was off JSA and ESA was never started after the appeal.
Even though I said I would appeal at the soonest possible opportunity the excuse for cancelling my claim was because I was was off all benefits for 13 weeks shortly after informing them of my wish to appeal. By the time I had my tribunal the benefit was already cancelled so the judge and doctor was debating over a benefit that now no longer existed.
I now have to re apply for the benefits and go through all the tests again even though its clearly written on paper that I'm entitled to ESA and not for them to re asses me till july 2014. It seems like a very minor technicality and i don't see how they can force me to sit identical, very bias tests and totally discredit what was already ruled upon by a judge.
I wanted to know if anyone had information if its still possible to use the judges reports. I don't see why they wont accept them as his ruling is still essentially in effect on ESA and the new claim I'm making is for the exact same benefit he ruled I could have till 2014. Thanks