ESA Tribunal

I have had ME(CFS) for over 10 years and during that time have attended Medicals and Tribunals as required/requested and have been in receipt of Incapacity Benefit continuously - often owing to successful outcome at Tribunal.

In 2013 my IB was changed over to ESA. I completed a ESA50 and, without a Medical having been undertaken, was placed in the WRAG. With the help of Citizens Advice, I appealed the decision to be placed in the WRAG and not the Support Group and today I attended the ESA Appeal Hearing. Some 30 minutes later than my Hearing appointment time, I was called in to the Tribunal panel to be informed of their decision to adjourn as they were not ready to proceed without the results of a recent medical assessment, which they are now requesting the DWP to arrange.

I would like to know if this type of adjournment happens often and if so, are the contents of the Submission papers not scrutinised by previous DWP personnel before scheduling Court time to avoid the stress and time-wasting involved for all parties?

An update on my original post on this topic.

In February, I received a letter from JC+ informing me that my ESA would stop from May 2014 because I will have reached the 365 days allowed with contribution-based ESA. I do understand how this decision was reached but have appealed based on the DWP statement '......with effect from 20 January, 2014, further routine repeat assessments referrals to Atos will be deferred until further notice' with DWP staff being instructed 'to leave ESA claimants on benefit, without repeat medical checks, until another company can be found to carry out Work Capability Assessments.'

In April, the Tribunals Service sent me a copy of the reply they have received from the Benefits Section showing that, on 17 March, they have requested and urgent medical assessment. I am still awaiting the medical.

I am look for advice as to my next action. I am totally confused as I have a Tribunal Hearing adjournment asking for an urgent medical assessment and a statement that my benefit will stop in May, disregarding the DWP instructions indicated in the second paragraph. Can anyone offer any advice, please?

mermaidnwuk wrote: An update on my original post on this topic.

In February, I received a letter from JC+ informing me that my ESA would stop from May 2014 because I will have reached the 365 days allowed with contribution-based ESA. I do understand how this decision was reached but have appealed based on the DWP statement '......with effect from 20 January, 2014, further routine repeat assessments referrals to Atos will be deferred until further notice' with DWP staff being instructed 'to leave ESA claimants on benefit, without repeat medical checks, until another company can be found to carry out Work Capability Assessments.'

In April, the Tribunals Service sent me a copy of the reply they have received from the Benefits Section showing that, on 17 March, they have requested and urgent medical assessment. I am still awaiting the medical.

I am look for advice as to my next action. I am totally confused as I have a Tribunal Hearing adjournment asking for an urgent medical assessment and a statement that my benefit will stop in May, disregarding the DWP instructions indicated in the second paragraph. Can anyone offer any advice, please?

Hi muk,

The deferment of reassessments for current ESA recipients will not apply to you, as the medical being requested by The TS is part on an already ongoing appeal.

If your CB ESA is ceasing due to exhausting your 365 days entitlement if not in The SG, you could request an ESA 3 financial assessment form to see whether you can pass the means test for entitlement to Income Related (IR) ESA.

If you can pass the means test with respect to household income, capital, assets and savings you would be paid IR ESA which has no 365 days limitation :

12 Month Limit for ESA(CB)

See also :

Asset rule for ESA(IR)

&

24 hour work rule for ESA(IR)

If you are not entitled to IR ESA, payments will cease and you will receive NI Credits only which will go towards your State Pension.

If the TS find in your favour, then the SG award will be backdated to the time of the adverse WRAG award, you will regain your 365 days entitlement to CB ESA whilst not in The SG and it will be as if you have never been in The WRAG.

Payments of CB ESA would be reinstated and you would receive any arrears owed from the date of the adverse WRAG award.

If your appeal fails, and you remain in The WRAG, if your condition deteriorates or you start suffering with a different condition, you can request a review/supersession.

If you were successfully placed into The SG then, payment of CB ESA would be reinstated from the date of the superceding SG award.

bro58

In depth explanation of what is happening. Thanks, Bro58.