gazshiraz
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Posts
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Hi Antone, just got off the phone with DWP,they are going to look at it again ,hopefully they will get their sums right this time
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Hi Antone ,my ESA is only contribution based, so thats what I thought that they allow 50% of any pensions on top of ESA ,I am disputing the overpayment of £13 a week which they say I never told them about, they are deducting £29 from my ESA but It should only be £22-50,they are calling me back in the morning so hopefully will get it sorted thanks Antone
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Hi Would like some advice regarding ESA rules on pension income ,I receive 2 pensions on top of my ESA, but for some reason one of them was missing on my original claim in 2011,the DWP have now sent me a letter saying I owe £2927 as the 2nd pension had not been declared this was for £13 a week ,I was under the impression that they stop any income at 50% over £85 this was applied to my 1st pension of £32 extra they allowed me £16, so on the £13 this would be £6-50 but they are saying I have to repay the full £13 were do I stand with this can they make me pay all the overpayment of£2927 or just 50% of it,would be grateful for any help with this matter thanks, Gazshiraz
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well just got in from my appeal and great news they upheld my appeal from last april, put back into support group for 2 years, I am glad I went and put my case to them in person, just like to say thanks to all who helped and the site stickys etc for giving me a starting point for my appeal will make a donation when my money comes in thanks again
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thanks for reply just a thought, anyway just hoping for a fair hearing and hope they agree with my view of everything, will post result tomorrow, at least had a bit of good news my wife has been placed into support group but had to wait 11 weeks from end of assessment phase when I rang them they said this is how long its taking to sort out backlog of cases for cancer sufferers not good enough really thought they are suppose to fast track these cases
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just seen this on bbc news does this mean all medicals carried out are void I have got my tribunal hearing tomorrow could I say anything about this to the panel as I have waited a year for my hearing
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thanks for your reply, I will write it all down on paper and send it in to the tribunal clerk asap
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ok will dig out all the paperwork and get it all down in writing need to refresh my memory as its been nearly a year waiting for this appeal and what with my wife being ill as well have tried to forget about all this but I know its got to be done thanks again bye for now
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yes have had a look at the stikky so do I need to write it out as stated in the template and send this in to the tribunal clerk 7 days before hearing, I have supporting letters from my GP and consultants explaining how my daily living is affected and they will have the same letters, but do they need to hear this from me as well ,showing that my wca was flawed does this mean contradicting everything the atos doctor has said about me and what was tested on the day of medical
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thanks for reply , I have put all the descriptors i am appealing against in my appeal form so i don't see the point going over the same ground again, like you say they are not looking at what you are like now even though i am worse, i just cannot understand how i go from support group to zero points with all the medical evidence but hopefully they will agree with me and find in my favour
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going to my hearing on 28th march and would like to know if I have to put everything in writing or can I just speak to the judge/doctor on the day as they have my medical records etc, stating my conditions, ive read the sticky about appeals and it says to highlight the descriptors you are challenging i did this in my original letter on GL24 saying what descriptors i disagree with, so do i need to send this in again to the tribunal, i have had to deal with my wife battling breast cancer so have been thinking about other things and now got to sort this as well any help would be welcome thanks
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hello again rang dwp today as not heard anything from them since 8th may,they said my case was still under review due to staffing issues so it is taking longer to process cases,its still with the decision maker, they said it can take up to a year for an appeal to be heard so if you have had your 365 days on esa you get nothing whilst in appeal but they said I still need to send in sicknotes to get a stamp to claim your state pension so I told them I don't as I have 34 years in work and I only need 30 years to qualify for the state pension is this correct or have they changed the rules again,
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thanks Margaret I am seeing my doctor on Thursday so I will not bother with a sicknote I will ask him to write up a stronger worded report to back up my claim as my condition has got worse but in the meantime I am still awaiting dwp to look at decision again so you never know as they changed it the last time in my favour bye for now gaz
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hello after recent atos medical I went from support group to zero points taken off esa on 9th april rang dwp to ask them to look again at my case my doctor gave me a sick note and updated my medical reports which I sent in got a letter from dwp saying they will pay me £71 from 9th april and in the next paragraph says they cannot pay me from the 10th april as I have reached 365 days on contribution based esa does this mean I will not get any payments whilst in appeal I cannot get income based esa so do I still need to send in sicknotes any ideas please anyone
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hello there I think you get the assessment rate if it goes to appeal that's what it says on the back of the letter I got from dwp if they overturn the ATOS decision like what happened to me last year, then you stay on the esa rate you were on and they backdate it to the date they stopped paying you, they told me on the phone yesterday that it could take up to 6 months for your appeal to be heard and to send in a sicknote whilst in appeal
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