ESA & Universal Credit

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Comments

  • poppy123456
    poppy123456 Community member Posts: 59,823 Championing
    For the DHP contact your local council and ask because UC don't deal with those. A DHP should be paid to you.
  • TeddyB22
    TeddyB22 Community member Posts: 178 Contributor
    Hi I wonder if you help me with something. I sent away for a statement of reasons. They replied but but it sounds like a veiled threat. I didn't think they could reconsider the award at this stage. 
    If I hadn't lost the SDP I wouldn't bother. 
    TeddyB22 
  • poppy123456
    poppy123456 Community member Posts: 59,823 Championing
    I answered on your other thread here https://community.scope.org.uk/discussion/68309/statement-of-reasons#latest BUT now i've seen this i will reply further.

    Basically, HMCTS are saying that if you're happy with the decision that was made then are you sure you want to continue with the SOR request. As advised on your other thread, it's very unusual to request this if you're happy with the decision. It will indeed be sent to DWP if you continue and it's not a threat, it's simply asking if you want to go ahead because usually it's not the procedure to request this if you're happy with the decision. It's just far too much work for the judge to do.

    If you're happy, then my advice is to move on and wait for any backdated money that's owed to you.

  • TeddyB22
    TeddyB22 Community member Posts: 178 Contributor
    Thank you Poppy for your help. It's just with me losing out on the SDP and my rep from Citizens Advice told me that I had an a good chance of receiving a higher award. They told me at the tribunal that if I had of been making a new claim for pip I wipe have received the higher award.
    I'll speak to my rep again. I'm waiting on the law society getting beck to me regarding whether I can be put back on to legacy benefits. I don't think I will. Its worth a try.
    Thanks again for your help. 
  • poppy123456
    poppy123456 Community member Posts: 59,823 Championing
    I still don't understand why the reason for requesting the SOR based on this. Their advice on starting a new claim simply means that your conditions could have got worse since the original decision was made, if this is correct then they wouldn't have taken into consideration those worsening of conditions. Reporting a worsening of condition is possible but of course you risk losing everything you already have by doing this.

    SDP could be claimed with either rate of daily living PIP when you were claiming legacy benefits. Personally, i wouldn't request the SOR based on your reasons above.


  • TeddyB22
    TeddyB22 Community member Posts: 178 Contributor
    The reason I asked for a SOR is because you only have one month from the date the Tribunal make their decision. If you challenge this you must first obtain a SOR before you can request a supersession.
    I've decided not to. I have 9 months left of my PIP then I'll have to reapply anyway. 
    Many thanks for your help Poppy. I hope you are well. 
  • poppy123456
    poppy123456 Community member Posts: 59,823 Championing
    That's good. Just so you know, you can't request a supersession for a Tribunal decision. You can only appeal on error of law.

    I'm not too bad, thank you for asking. Hope you're well too.

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