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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA appeals

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

Two appeals   both concerning same client 1st ( by date   order allowed) but payment is restricted to assessment rate following start   of period   of second claim.

Does this sound correct?

Does TS assertion that   payment   of   benefit will remain at WRAG level if secind appeal is withdrawn ( not to my way   o0f thinking)

Reason for second claim is   not clear his health does not seem to have deteriorated

Is there any   potential way to place him in the WRAG apart from waiting for another LT date?

Thanks in advance

toby

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

Tony,

Thanks for your reply- i still think that the 2nd appeal will need to be determined   prior to appellant going back onto full rate of ESA.

In the Response from DWP it states “The tribunal may also wish to note… was despatched? “

I’m unsure what despatched means in relastion to   a Lower Tribunal- date of Decision?

The date re despatched   is after the date   of the original deciison.I suspect it refers to the set aside date but am unsure

Toby