ESA Appeal not been received

After scoring zero points at my medical for IB. I appealed on 13th March 2013. Today I received a letter from ESA to say my contributions based ESA will end 8/3/14.
I called and explained I was still waiting to hear from the tribunal services. I was advised to call and find out what date my hearing was planned for.
I called them......The tribunal services stated they've never received any files from DWP.
Has this happened to anyone else ?
What should happen next?
I'm so angry. As if I'm not stressed enough.

Hi d,

When was the original decision against which you are appealing and when did you submit your appeal? Have you had the mandatory reconsideration fronm DWP yet?

You say that your contributary ESA has finished, so I assume that you are appealing against a decision to put you in the ESA WRAG (not IB as you said in your first sentance)? If you are not going to be entitled to income-related ESA, you will not get any more payments until/unless you are put into the Support Group, either as a result of this appeal or a future reassessment.

d4ccm wrote: After scoring zero points at my medical for IB. I appealed on 13th March 2013. Today I received a letter from ESA to say my contributions based ESA will end 8/3/14.
I called and explained I was still waiting to hear from the tribunal services. I was advised to call and find out what date my hearing was planned for.
I called them......The tribunal services stated they've never received any files from DWP.
Has this happened to anyone else ?
What should happen next?
I'm so angry. As if I'm not stressed enough.

Hi d4c,

Your post is somewhat confusing.

Can we assume the following ?

You were transferred from IB to ESA in March 2013.

On assessment to see whether you qualified for ESA, you received 0 points and were found fit for work.

You gained a fit note/sick note from your G.P. and sent it to the DWP informing them that you wished to appeal the decision using GL24 Appeals Form.

As you have been in receipt of CB ESA at the assessment rate since then, and you will have exhausted your 365 days entitlement to payment of CB ESA on 08/03/14, payment of your CB ESA will cease.

bro58

OK, bro has kindly reminded me of your history (that's why we like to have everything in one place!). You were found 'fit for work' on migration from IB to ESA and have been on assessment rate ESA while appealing ever since.

As you were being paid the assessment rate of ESA, that suggests that your appeal has been received and acted on by DWP. Did you ever recieve the 'bundle' of paperwork associated with your claim as part of the appeal process?

Thanks all for your replies.
I have just received a call from my benefit office, confirming to me that a decision was made back in April 2013 to put in the WRAG. No one made any contact when this decision was made. This is the reason why Tribunal Services never received my appeal.
Glad it has been sorted out.

bro58 wrote:

d4ccm wrote: After scoring zero points at my medical for IB. I appealed on 13th March 2013. Today I received a letter from ESA to say my contributions based ESA will end 8/3/14.
I called and explained I was still waiting to hear from the tribunal services. I was advised to call and find out what date my hearing was planned for.
I called them......The tribunal services stated they've never received any files from DWP.
Has this happened to anyone else ?
What should happen next?
I'm so angry. As if I'm not stressed enough.

Hi d4c,

Your post is somewhat confusing.

Can we assume the following ?

You were transferred from IB to ESA in March 2013.

On assessment to see whether you qualified for ESA, you received 0 points and were found fit for work.

You gained a fit note/sick note from your G.P. and sent it to the DWP informing them that you wished to appeal the decision using GL24 Appeals Form.

As you have been in receipt of CB ESA at the assessment rate since then, and you will have exhausted your 365 days entitlement to payment of CB ESA on 08/03/14, payment of your CB ESA will cease.

bro58

Hi d4c,

If the above scenario is correct, as you have been in receipt of CB ESA at the assessment rate (Approx £71) this should be proof that you actually lodged an appeal with the DWP.

However, if you kept a copy of The GL24 or letter that you sent to The DWP requesting your appeal, that will help further.

As the Tribunal have not received notification of you appeal from The DWP, there has been an error.

You need to contact The DWP and The TS, and inform them of this error. :

Sending Documents to the DWP or ATOS

I believe that you can contact the TS by e-mail, you could obtain their e-mail address by phoning them.

You may also wish to contact your M.P. :

Contacting your MP

As MHB states, you may be entitled to IR ESA once your CB ESA runs out.

You would need to be financially assessed using Form ESA 3 to see whether you can pass the means test for IR ESA with respect to capital, assets, savings and household income.

See also : Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If the DWP have made an error, you could make an official complaint.

Complaining to The DWP

You my also find our ESA Appeals Guide on the page below, helpful :

ESA Claims Guides

Have a read through the following, as well :

Appeals FAQ’s

ESA FAQ’s

IB, IS, SDA, Migration to ESA FAQ’s

Welcome to Benefits and Work

&

Where to get advice?

See also : 12 Month Limit for ESA(CB)

bro58