Won appeal for ESA at Tribunal but...

[smackers]

Hello all,

 

I need some advise please.

 

Last year i had ATOS assessment, in January this year i was called by decision maker to be told i had scored zero points and i will be removed from ESA.

My partner then became main claimant as she has arthritis and thus is unable to work and supplied sick note as required, to date she has not had an ATOS assessment, is still on assessment rate and was due to put in another sick note.

I had a First Tier Tribunal hearing late last month and the judge placed me into the Support Group of ESA. I never heard anything from ESA but my partner is being chased for a sick note which is now overdue since the First Tier Tribunal hearing took place before the original sick note expired and i obviously thought she would not be expected to send a replacement one.

I called ESA today and they stated as my partner is the main claimant with me added onto the claim they cannot acknowledge/action the First Tier Tribunal decision at this time. I thought they would automatically place me back as the main claimant but can see their point.

Forms have been sent out for me and my partner to fill in so we can switch me back to being main claimant again. My partner also has to supply a sick note in order for us to get paid in the meantime.

 

Have we been advised correctly under the circumstances? I thought perhaps they'd automatically make me main claimant again seeing as i have been the main claimant each time we have had to claim benefits.

Because there was a period of about 3 months or so where my partner was main claimant are they still required to backdate our claim and pay us as if i was in Support Group for that duration? I think they do as i was wrongly forced off ESA and my partner became main claimant since she is unfit for work so i was unable remain main claimant to claim JSA while i applied for Mandatory Reconsideration.

We also lost 3 days money when my partner became main claimant for ESA. Will that also be reimbursed to us since that was also an unnecessary loss to us?

 

Any help/advice would be appreciated.

Thankyou