I'm just starting to plan my case making appointments with CAB, my GP and a counsellor as close to when I think the DWP will send me form and likely to call me in 4 examination.

One thing I'm not clear on is

If I am denied after examination do thery srtill have to pay me the same amopunt of money till the appeals held at tribunal ?

I'm on incapacity and am exempt so I'll be tested soon.

Do they still have to pay me my full IB or equivalent amount of ESA till the tribunal or will they just have to give me a smaller so called assesment amount of ESA ?

And in the past my friend tells me that while you were waitng for a tribunal on IB they had to continue to pay you your IB till the tribunal but you had to keep getting sick notes so they had to keep paying you the IB.

So is it still the same ? Will they have to continue paying my IB or an equivalent amount of ESA and do I have to get sick notes so they have to pay me my IB or equivalent amoutn till tribunal ?

Thanks a lot for any information on it

If you fail to pass the ESA medical and are found fit to work, and then appeal, you will only be eligible for the ESA Assessment rate until your appeal is heard.

If the Tribunal finds in your favour, then you will be paid the difference between the rate you would have been transferred at, and the Assessment rate.

Hope this explains it.

Gordon

Hi A Kaplan

The DWP have kept changing their minds about who will be tested when, so it's still unclear when IB exempt claimants will be reassessed.

If you fail the medical and have to appeal while receiving ESA assessment rate payments, you will need to send in sick notes from your GP.

On a positive note, you may pass the medical assessment and not have to appeal, and I hope that you do.

Regards

Derek

Thanks to you both for the advice. Yeh thats dirty they wont pay you in full till appeal they havent r proved youre fit for work to appeal. Maybe illegal I wonder shiould I go to lawyer and try to sue their ass 4 it. Human rights court maybe can sere this govt ending up and being shamed in European Human Rights Court can't wait to see them shamed there

I wont push boat myself during my exam or appeal dont want to rock boat too much.

Yes I'm aware I may pass and get onto ESA just trying to be as careful as poss and plan as well get as much up to date evidence as close to medical date as poss to give best chance their not able to fail me or its v hartd for them to be able to

Just wanted to know how Id be covered financially waiting on appeal ot feel better know Ill still be able to live quite comfortably affiord bills etc.

Not usre howe much the assesment rate is Ill search elsewhere find out the rtate hope its enough to keep me not far from the income im on at mo if not ill just try and get Inocome support of them to fill the gap in my income will I pay that back to them or not when they give me backpayment which is great saves me weasting any in between good way to save well not so good but ordinary bank accounts dont have great interest rate anyway

Great theyll repay me the ESA theyd owe me and geat cos itd save it incase i mispent it

But hopefully with a well planned case Im uising this site my best friend and CAB as well as up to date evidence from my GP and a counsellor they wont fail me be v hard for them to and wont need to worry about assesm,ent reate backpayment or appeal etc

Thanks a lot for your help and good wishes

All the best to you

I have approved your posts on this occasion but please refrain from posting such long posts in the future as they will be deleted because of forum rules.

Gordon

yeh im sorry try to keep them shorter now just carried away with the idea to shame dwp and just r tired and worried at mo cos thought im due to be examined soon sorry if ive upset any1 take care all best still think is good idea to shame dwp staffn just r tired n worried all best take care everyone chin up with this site n together well defeat the tory s**m and their nasty profit making atos n untrustworthy dwp