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Thread: Move from ESA to UC

  1. #21
    Cant you just send a copy of the letter that states your in support group

  2. #22
    I called ESA multiple times and they assured me documents had been sent over to UC. Somehow UC didn't seem to receive them? I took my ESA award letter into the jobcentre and they took a copy but somehow it didn't make its way on to my UC account. I uploaded a copy of the letter on to my UC account. My case handler then just fobbed me off with that they were waiting for the WCA decision (which I failed). I will ask for MR.

    Not sure I'll ask for the ESA to UC LCW yet. I guess if I'm successful at MR or tribunal then it'll be reinstated from the start date of the UC claim.

  3. #23
    My MR was rejected.

    The MR says to get an appeal from the HMCTS website but on the website it says nothing about appeals for MR rejections. On your Listing of ESA standard forms it says, "SSCS1 Appeal application. - https://www.gov.uk/appeal-benefit-decision/submit-appeal" So, presumably that's where I have to lodge the appeal. Curious that the DWP failed to inform me of that and that I have to get the correct information here?

    I'm rather anxious. The MR notice seemed to ignore my main stated issues and instead focused on refuting my lesser issues and how they didn't score enough points. Should I get CAB involved?

    What happens if the appeal to the Tribunal fails? Is it possible to challenge that?

  4. #24
    It may well be beneficial to have CAB or someone similar help with your appeal as they are used to the whole process. If your tribunal fails you can't take it any higher unless they make what is called an error of law. That means they have applied the law incorrectly and that has affected the decision, which can be appealed to an upper tribunal, but you can't go to upper tribunal on the basis that you dispute the decision itself.

  5. #25
    Senior Member nukecad's Avatar
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    So the MR upheld their decision. They usually do, which is why appeal tribunals exist.

    As noisynoodle suggests I think you should get help from a local welfare/benefits advisor before submitting your appeal.
    You can find local advisors by putting your poscode in here: https://advicelocal.uk/find-an-adviser
    They've done it all before many times so can help you go about it the best way for your particular appeal.

    Appeals are usualy lodged on line nowadays (at that weblink you've found), you used to have to get a paper form but they went digital a while back.
    I guess the DWP haven't caught up yet.

    You can still request a paper appeal form if you prefer to do it that way.
    The link to download one is also on that website, just underneath the green "Start Now" button. I've also given a direct download below.
    TBH I think it's a good idea to download one and look at what it asks before doing an online application.
    Here's the direct download link, (just click this and you'll download the form): https://assets.publishing.service.go.../sscs1-eng.pdf
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #26
    Will I be required to attend a tribunals hearing in person?

  7. #27
    Senior Member nukecad's Avatar
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    Quote Originally Posted by breadliner View Post
    Will I be required to attend a tribunals hearing in person?
    You can request that they do it without you attending, there is a section on the appeal application you can tick "I want my appeal decided on the papers".

    But the judge may want to see you anyway, if he does then they will let you know in advance and explain why it would be in your best interest to attend.

    If you have any special needs to be able to attend then you can tell them that on the application also, or later if they advise that you should attend.

    They can usually even arrange that you 'attend' by video (Skype) these days; indeed they are trying to move to 'digital' tribunal hearings as a matter of course.
    Last edited by nukecad; 06-14-2019 at 12:45 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #28
    UC have sent me a capability for work questionnaire which I have to complete soon. I don't understand why they've sent it to me as I've told them numerous times about my ESA situation.

  9. #29
    Senior Member nukecad's Avatar
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    They are UC, they are not bothered about what is going on with any previous ESA claim/appeal. (Unless the appeal result changes your UC group).

    You are on UC now not ESA, so are bound by UC rules and systems..

    As they have now sent you a UC50 then you have to complete it and go through the process, new WCA and all.
    If you don't return it then they they will deem it as a 'failure to comply' and so you will be found fit-for-work.

    Look at it as a second chance to have a new WCA, a second chance you only get because you have claimed UC.
    (You would not have got that second chance under ESA, unless you could show a new or seriously deteriorated condition).

    Two things to note:
    1. If you continue with your ESA appeal then whatever happens (and whenever its held) then any ruling will only apply to the date of the new UC WCA decision.
    2. If the new UC WCA finds you LCW or LCWRA then that could be used to support that the ESA decision was wrong. (As long as you get that new decision before any ESA appeal is heard).

    Whether you continue with the ESA appeal is up to you, but if you do then you must treat it as a seperate thing to the new UC WCA.
    One has nothing to do with the other, you have to keep them seperate.

    You may decide it's not worth the hassle of appealing the ESA, write it off as a bad job, and start with a clean sheet concentrating on getting LCW/LCWRA at this new UC WCA.
    Last edited by nukecad; 06-15-2019 at 02:48 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #30
    Words fail me!

    So, presumably my sick note triggered the UC50?

    The way things are working out is that I'm going to have to go to tribunal to appeal the ESA decision and then have a WCA with UC about the same time as the tribunal??? Then, presumably UC will fail me in the WCA based on the previous ESA assessment whereupon I'll have to ask for MR of that followed by going to tribunal again?

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