Is there anyone legal people who can help with an ESA appeal please?

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fifitrix123
fifitrix123 Posts: 346 Forumite
edited 30 March 2018 at 9:09AM in Benefits & tax credits
SORTED THANKS I'M TAKING ADVICE FROM STEVIE TO GET A LAWYER ON INSURANCE!

I wondered if there was anyone who can give advice about an ESA appeal after DWP failed to let me give evidence for a Mandatory Reconsideration but I.C.E cannot investigate the problems whilst the appeal is ongoing......


I have just had a council tax one dismissed so need to try get advice on how to get a review of this too as CAB cannot help...


Many thanks if anyone is able to help or advise...

Comments

  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    Did you not submit your evidence with the MR request? You need to give more information.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
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    for some diseases, there are charities that provide information and sometimes they may have people who deal with benefits.

    (ie) age uk, cancer (macmillan), etc.

    hope that helps,
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    The Benefits & Work site has a useful guide to ESA appeals available to members. Authored by a barrister and a benefits specialist.
    (But membership is c. £20 pa.)
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • fifitrix123
    fifitrix123 Posts: 346 Forumite
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    No I didn't I spoke to them on the phone about the MR and they said they would be in touch.... to give me their decision again....? then after I made a complaint they said they would look at it again and I never heard anything else and I contacted them so many times but each time it was passed to someone else who never got back to me hence ICE now taking over that side of it but I still have to go through the Tribunals...
  • Stevietee
    Stevietee Posts: 14 Forumite
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    My wife had an ESA appeal rejected and she went to tribunal that she won but it was very stressful. At the tribunal I was talking to someone there who had had legal representation and she told me she got that through her household contents insurance. I don't know the validity of that but may be worth exploring and others on here probably know far more than I and can advise you. I suspect that a lot would depend on your policy but may be worth a phone call. If you don't ask you don't get. Good luck
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    edited 29 March 2018 at 6:21PM
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    fifitrix123 wrote: »
    No I didn't I spoke to them on the phone about the MR and they said they would be in touch.... to give me their decision again....? then after I made a complaint they said they would look at it again and I never heard anything else and I contacted them so many times but each time it was passed to someone else who never got back to me hence ICE now taking over that side of it but I still have to go through the Tribunals...

    In what way did they fail to let you give evidence? The burden is on you to submit it. Did you submit evidence when they looked at the decision again, after the complaint?

    Are you looking for advice on the tribunal or your complaint? Have you now submitted evidence?
  • poppy12345
    poppy12345 Posts: 17,964 Forumite
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    fifitrix123 wrote: »
    No I didn't I spoke to them on the phone about the MR and they said they would be in touch.... to give me their decision again....? then after I made a complaint they said they would look at it again and I never heard anything else and I contacted them so many times but each time it was passed to someone else who never got back to me hence ICE now taking over that side of it but I still have to go through the Tribunals...
    It's always adviced to put the request in writing, did you do this? Did you send more evidence?

    Most MR decisions remain the same. I'm not sure what advice you want here. If the MR decision remained the same then it's Tribunal time. For this you'll need a copy of the MR decision letter and you need to attach that to the SSCS1 form.
  • fifitrix123
    fifitrix123 Posts: 346 Forumite
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    Boris. When I spoke ro ask for MR they said they would be in touch about my extra evidence but then just went ahead with the MR without my info so that's why i made the complaint and yes it has now been submitted ro tribunal but when I 1st mafe the complaint they said I could sent it and they woukd try stop the tribunal but they just carried on....

    Stevie thank you for the post about insurance I never thought of that but I will ring them Tuesday!!!

    Thanks to everyone who responded I will now take Stevies advice and get a lawyer!!!
  • Ames
    Ames Posts: 18,459 Forumite
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    If your insurance has access to a trained and experienced benefits lawyer that's great. However, I'd doubt that they do. Most lawyers don't know about benefits.

    I'd say CAB are going to know more about benefits than a non specialist lawyer.
    Unless I say otherwise 'you' means the general you not you specifically.
  • CIS
    CIS Posts: 12,260 Forumite
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    fifitrix123 wrote: »
    SORTED THANKS I'M TAKING ADVICE FROM STEVIE TO GET A LAWYER ON INSURANCE!

    I wondered if there was anyone who can give advice about an ESA appeal after DWP failed to let me give evidence for a Mandatory Reconsideration but I.C.E cannot investigate the problems whilst the appeal is ongoing......


    I have just had a council tax one dismissed so need to try get advice on how to get a review of this too as CAB cannot help...


    Many thanks if anyone is able to help or advise...

    What was the CTax one - for Council Tax Support ?
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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