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Incapacity Benefit: DWP appealing the tribunal's decision?


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You could possibly claim hardship. Failing that there is the option of a Crisis Loan as an alignment to benefit. There is a point to this; when a person applies for a Crisis Loan where benefit is due, they will contact the benefit sections and "pressure" them to make payment, as Crisis Loans are not intended to pay for living expenses when there is payment of benefit due to the claimant.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Melissa so so right :0

It would seem those who shout the loudest get heard the quickest

Ebee get on that phone close your JSA and chase that claim

everyday day, twice each day towards the end of this week

You will succeed

 

And Erika is right if you are due benefit social fund will contact and chase payment because they would rather the claim be sorted

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Crisis loan is social fund, harship is I.S, its also known as an Interim payment, usually paid at the beginnig of a claim before its processed and usaully a weeks money.

If they will not give you a Crisis loan then you should get an Interim payment

Close your JSA then chase your claim, take no prisoners its a straight forward claim and they should put it on quickly

Edited by MIKEY DABODEE
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God its only 8.40 and i'v got a bloody headache . Have phoned jsa to close claim. It seems i cant close it down over phone i have to fill in form and send it off. After explaining why i'm closing it down someone is going to phone me back with in 3 hours . Another day waiting

 

 

just to edit this post with an update, someone from proccessing dept has just phoned me,he said to sign on as normal friday morning,then he will close claim down,doing it this way will give me my normal money next wed or poss tues as payments may be going out early next week,then he will sort out everything,what do you think?

Edited by ee-bee
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Payment are going out early next week for Xmas, not a bad way around it.

The benefit office is open between xmas and new year so ring about your new claim then

 

You did ok :)

 

Don't forget Monday 28/12/09 is a Bank Holiday due to Boxing day falling on Saturday 26/12/09

 

MARTIN :wink:

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Yeah i took your advice and said there was no way i could manage over xmas with no money.actually the guy was really nice he said he could close my claim here and now but doing it this way would save me alot of phoning or applying for loans.but i am going to hassle them like mad straight after boxing day. Its my money and i want it.they have had 10weeks to sort this out.typical isn't it.i get all fired up to kick ass and i talk to someone really nice

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Yes dont ring when its shut :) But they will be open Tuesday Wednesday and Thursday

We didnt mean to fire you up but to be fair you needed it sorted and at least you can buy a turkey now, and havent they gone up this year !

Am glad you found someone nice there and helpful too

 

You will get your arrears hopefully as soon as your new claim is processed something to start 2010 of with. Its got to get better for you next year

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hi mikey,to be fair you didnt fire me up, what you did do was make me realise that if i just sat here and waited for the post ,then i would more than likely be waiting another few weeks,so you all gave me the confidence to do something about it,i am extremely grateful to you all,and may i wish you all a very merry xmas,x

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Am just glad you are getting it all sorted out, I do the same sometimes I wait for things to come in the post thinking that they are being dealt with but when I phone the company up find there is usually a problem hence the wait.

 

Good luck with the new claim :)

and congratulations again

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hi to everyone,just to give you all a quick update, i signed on last friday 18th and also closed down (as advised)my jsa claim, yesterday i received my jsa money:) and then i phoned incapacity benefit to find out how my claim was comming on,they have apparently got everything sorted at their end and are waiting on the job centre to send them some information,they said they had sent them an email(on tuesday) reminding them to send this info,they are hoping to have it all sorted out before within a fortnight,i will ring them again on tuesday,

melissa teady bear,have you heard any more?

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Hello there,

 

A District Judge has said that there was an error of law and the Appeal Tribunal decision in my favour has been cancelled. He has said that another tribunal should take place as soon as possible.

 

Anyway had a lovely Christmas and I will be even more prepared for the next tribunal.

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Hi all. Just a quick update. Phoned ib section Today. My claim is still on file as closed. They said they will email jsa again Today and told me to phone back again tomorrow. just wondered if any one knows which dep i should ask about my cwp. According to the link erika put on here ,i was entitled to a payment on the 18th dec.same day i closed my jsa claim

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Have you had a cold weather payment before ?

 

I think you should be entitleted to one because of your DP this payment if due will go out automatically.

We usually have a scan that gives the names of everyone due a payment. These can take some weeks to reach accounts.

 

There are now new rules regarding IB appeal cases, if you win youur appeal and have been on JSA or ESA whilst your appeal is being heard then as soon as you win that appeal your claim to IS should be reopened without having to make a new claim to I.S, so your claim should go through quite quickly in theory.

 

Have only just became aware of this lately ;)

Edited by MIKEY DABODEE
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Yes i had a cold weather payment last winter when on ib.when my appeal was allowed i was told i had to do a new claim for ib and my rep argued with them and a review form was sent to me. Do i make enquiries at ib for cold weather payment or job centre plus,

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You have won the appeal ee bee your claim for IB should be reopened now and so should your IS. if you dont hear about your CWP you will have to ring the DWP

You will get it but it might b in a few weeks

 

Who is this rep?? I think he knew about the new legisation he needs to ring them again for you

Edited by MIKEY DABODEE
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Ok. Thanks. I'll phone him tomorow .he has been really good to me but i dont want to become a pest to him. I'll phone incapacity benefit first thing in morning and if nothing has been sorted i'll give him a ring. Thanks for your advice

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hi,just an update, think things might actually be moving,phoned my rep,office closed till next monday so phoned incapacity benefit,my claim still showing as closed,then i phoned income support who confirmed they had confirmation yesterday that my jsa claim is now closed,they said its officially closed as from yesterday even though i closed it on the 18th ?any way they said my is should be up and running by the end of today,and when i asked about my backpay they said some one should phone me by the end of today with all information,so i`ll give it till about 4 then i`ll phone them again,i`m on a mission now,x

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i`m going nuts,i`m livid!! have just phoned income support to find out what happened to my phone call(the one i never got)only to be told they know nothing about my earlier conversation and my jsa claim has not yet been closed!! i have asked to speak to a supervisor(not one available)but they will email the proccessing dept and get someone to phone me,god i`m so fed up,sorry for the rant

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well i received rather a sharp call from someone from the processing dept,he said this would have been sorted sooner if i hadn`t got my rep to phone them up for me and cause an argument(you may recall in an earlier post,my rep argued that i didnt need to start a new claim)any way i`m supposed to get 2weeks is tomorrow but he hasnt had time to work out my back pay,

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Ee bee your rep was right you didnt need to make a new claim, I have only just found this out myself

 

Glad you getting your IS at last, remember you should have two weeks with the DP. Keep a track on those arrears hopefully they will come soon.

And now IS will be responsible for your CWP if you dont get it.

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Thanks mikey. The guy from is was really sharp with me. My rep didnt cause am argument. He simply pointed out that i didnt have to start a new claim and ended up having to talk to a supervisor and then i was advised to sign on on the 18th and close claim. Get a feeling i wont get my dp paid 2morro and i end up having to phone again

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Ee bee I dont think your rep caused an argument but sometimes people outside the DWP know more about benefit then those inside the DWP, thats your REPs job, I told you in the thread I thought you would have to make a new claim but found out you were right you wouldnt have to, new rules which your rep knew :)

They get to know these rules first.

 

If the sharp guy has put your dla on your claim you should get your DP

hopefully

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