Migration from ib to esa

[KraftyKatz]

Hi I am a newbie who is looking for help/advice. My husband recieved a phone call on 9 oct saying he had been placed in support group then half hour later recieved another call apologising and saying he was in wrag. We have since made several calls asking where letter saying he is in wrag group is as we have only recieved one stating he is in support group and we want to appeal the decision. Keep being told it has been sent, have now requested another one.

He was awarded this without attending any medical so just went on form sent in.

Also he will be receiving contribution based and income based esa but am confused about contribution based being payable for 365 days what happens after that as was told over phone in wrag for two years.

 

Also if hubby appeals are we correct in saying that he will not get his full entitlement and will we have to send sick notes in as while on IB he has not had to send in for last 5 years.

 

Thankyou

 

sorry about all the questions just find it all mind blowing.

Edited October 27, 2013 by KraftyKatz

[antone]

You can appeal the decision. Because the appeal is in relation to the group he's been placed in and not because he failed a WCA exam, he won't need to submit certs while the appeal is pending. He'll continue to be paid at WRAG rates as well - if the Tribunal finds in his favour and places him in the SG, the extra amount will be paid to him backdated to the date of the original decision.

 

Contribution based ESA is limited to 365 days for those in the WRAG or Assessment Phase, but income related ESA is not. So if he already has entitlement to ESA(IR) he'll receive that instead if he remains eligible.

[KraftyKatz]

Ty antone

How anybody is expected to take all this in is beyond me. Think they just want everone to roll over and submit.

[**Margaret**]

:KraftyKatz:

 

You need a copy of the decision letter, like yesterday, cos the normal deadline for an appeal is within one calendar month of the decision. Although, if you need it, non receipt of a decision letter is a valid reason for a late appeal.

 

Aside from the obvious, that Jobcentreplus have made an error, it difficult to say what's happened but here's a couple of tips for finding out;

 

Use the form below to subject access Jobcentreplus for all the info they hold about your husband's claims for incapacity benefit and employment n support. A written request tends to get a better result than calls to the contact centre. Send the form (recorded delivery) directly to the address on the letter you've already received from them.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

Use the box at the end of part B to specifically ask for a copy of the ESA85A report from Atos. Your husband will need it if he does have to appeal.

 

If your husband's incapacity benefit didn't include an age addition, you may be able to confirm whether he's in receipt of the work related activity or support component from his bank statements.

 

Best wishes, Margaret.

[KraftyKatz]

Thankyou Margaret

is this form the one you need to say you wish to appeal or is it to request information held on hubby as when I followed the link it is unreadable.

[**Margaret**]

:KraftyKatz:

 

The link takes you to a Gov UK page. Click on the DWP - request for personal information, which should bring up the form as a word doc.

 

Form to appeal employment n support decisions dated before 28 October 13 at;

 

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

I tend to complete parts 1-7 of the form, then write part 8 as a statement. Either as a word doc or on a separate sheet of A4.

 

Don't send both forms in the same envelope. Less chance that one or other will get overlooked.

 

CAG's guide to appeals. Apart from the assessment rate and med certs, an appeal for the support component is the same process;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

Margaret.