ESA Help

[1882ian]

Hi I’m looking for some advice for my wife with her claim.

Some back ground information, she was a nurse and damagedher back when a patient fell on her in 1980 since then she has been in and outof work until 1995. She has been claiming incapacity benefit since then, whenshe had to give up work permanently. In 2012 she was told to report to the jobcentre plus. She was interviewed there and was told that she shouldn’t havereported to the job centre. He gave her the form to appeal, she filled them inand sent them off. She had a reply saying it was being referred to a tribunal. Sheis still waiting for a date. In the mean time she has been told that her benefitwill be stopped from September.

Any help and advice much appreciated.

[time4change2]

you say she was given a form to appeal what was this appeal for?

 

was she transferred from incapacity benefit to ESA?

[Nystagmite]

Why did she have to report to the job centre?

[antone]

you say she was given a form to appeal what was this appeal for?

 

was she transferred from incapacity benefit to ESA?

 

Here's my guess - she was transferred from IB to ESA and placed in the WRAG without a medical. She was asked to attend a Work Focused Interview at the Jobcentre, where the adviser felt that she was not really fit to carry out work-related activity and so gave her the appeal form to ask to be placed in the Support Group where these interviews are not required. She's on contribution based ESA (as she transferred from IB) and that's why she's being told her payments will stop in September - because her 365 days on ESA© will exhaust then.

 

OP, does that sound about right? Could you provide us with as much information as you can figure out?

[1882ian]

Thanks for your prompted replies. I’m in the proses ofchecking through her correspondence. I will post up as much as I can find out tonight.

[1882ian]

My wife applied for disability living allowance in April2009 she was assisted with the form filling by the CAB

She had a medical 19 April 2010 on the 27 April shereceived a letter from DWP stating she was not entitled to DLA and how theyreached their decision.

CAB told my wife she should appeal 6/5/2010 sent off anappeal received a reply 16/7/2010 stating the decision is upheld.

On the 10th August she received a letter from ATOSwith an appointment for another medical on the 30th August.

No other correspondence until she received a letter fromthe job centre plus stating that she had been put on the WRAG group 13/09/2012and they would wright to her with a date for an interview.

Interviewed on 31/10/2012. The guy she saw said she shouldn’tbe in the WRAG she should have been put in the Support group. He asked here whyshe hadn’t appealed. Her reply was that she had not received any other correspondence.

He gave her a reconsideration and appeal process leafletto complete a GL24 form. She sent that off same day 31/10/2012. Nothing back tosay they had received her form.

Next letter dated 14/2/2012 saying the enclosed theappeal papers these papers give the reason for our decision. We have sent a copyof the same information and your appeal letter to the tribunal service they willget in touch with you to explain what happens next with the appeal.

She has spoken with the CAB 7/3/2013 and they haveadvised her that she is to inform them of a tribunal date. If that takes 18 monthdoes that mean she will be without any money?

[Nystagmite]

If her money stops after 365 days, yes, she will be without money unfortunately. If she wins her appeal, her money will be back dated.

[1882ian]

So worst case after 365 day no money loses appeal no more money or is there anything she can do?

[swinginapig]

So worst case after 365 day no money loses appeal no more money or is there anything she can do?

 

If the above senario happens your wife can make a new claim for Esa providing 6 months have passed since the original decision, she will need to provide fit notes from her GP, she will be put onto the assessment rate of Esa about £72 per week, alternativly she may be entitled to Income Based Esa if she meets the criteria once her Contribution Esa stops in September. She will receive a letter from Dwp closer to the date to inform her of this, if she meets the criteria there will be no break in payments, payments remain at the same rate as she receives now, My payments stopped last November, been without any income ever since because my hubby works more than 24hrs per week, I did not meet the criteria for Income Based Esa, Won my Tribunal beginning of May, placed into Support Group and now waiting for my payments to be reinstated and any back payments they owe me.

Edited June 12, 2013 by swinginapig

[1882ian]

Was a bit concerned about how long thing were taking and mywife would have to have her money stopped till the out come of the tribunal, asthey stated that they would not have to deal with my wife till mid-October. If shewon then back dated is no consolation, spoke to our local MP within a couple ofdays she has now received a date for the hearing. Could be a coincidence? Will keepyou informed.