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10 years 10 months ago - 10 years 10 months ago#105716 by ak
Am I wasting my time going to the tribunal was created by ak
I have CFS/ME a couple of years ago I went to a tribunal and won and received money that was owed to me that was great.
Since then I have had another medical and failed and I am waiting another Tribunal.
My ESA Payments ceased after one year so I do not receive any money.
I have savings over the threshold which were for later in life so I am not entitled to any other money.
The thing is I am very ill with CFS and I feel if I do not go to the tribunal it will be like saying there is nothing wrong with me.
Can you tell me that if I go to the Tribunal although I will not be entitled to any money. If I win the case will they then keep on paying my NI cotributions
Last edit: 10 years 10 months ago by .Reason: Tick.
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- slugsta
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10 years 10 months ago#105718 by slugsta
Replied by slugsta on topic Am I wasting my time going to the tribunal
While you are in the WRAG, NI contributions will be made on your behalf. Also, if you should be reassessed and placed in the Support Group in the future, payments would recommence. If you do not challenge this 'fit for work' decision your ESA claim will lapse and you would not be able to reclaim ESA in the future (unless your financial circ*mstances change so that you were entitled to income-related ESA).
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 10 months ago#105720 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Am I wasting my time going to the tribunal
Am I wasting my time going to the tribunal
It's never a waste of time going to a Tribunal, if you honestly believe that you've been turned down for a Social Security benefit you feel you should have received.
Based on my 10 years plus experience as a Social Security Tribunal Member.
Good luck
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 10 months ago - 10 years 10 months ago#105722 by ak
Replied by ak on topic Am I wasting my time going to the tribunal
I see I will go to the tribunal.
If the decision of the tribunal goes against me do I still keep sending in the sick notes.
I can not go on to JSA as I am still employed with a linked PHI to my present employers.
Last edit: 10 years 10 months ago by slugsta.
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10 years 10 months ago#105725 by slugsta
Replied by slugsta on topic Am I wasting my time going to the tribunal
If the tribunal finds against you payment will stop (this decision is considered to over-ride the sick note), you would not need to send in any more sick-notes. If you could find an 'Error In Law' you could take this to the Upper Tier tribunal, but you still would not be paid until/unless a decision is made in your favour. You would need specialist advice to see if there was an Error in Law, we cannot deal with this on the forum.
It might be possible for you to submit a new claim for ESA, this would depend on your NI contributions and financial status. Otherwise you would need to take advice as to whether there are any other benefits that you might be able to claim.
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The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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