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esa tribunal help urgent please
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10 years 1 month ago #118381 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa tribunal help urgent please
S
If your payments of ESA(CB) are stopped because of the 365 day limit, then your being placed in the Support Group at the Tribunal will result in them being re-instated. On the assumption that the Decision you appealed was the first one in relation to your ESA, then the count of days will be reset to zero and if you are placed in the WRAG by a subsequent assessment then you will still have 365 days of payment.
|If you are placed in the WRAG then your payments will not be re-instated or if they are it will only be for a few days until you have used up your 365 days.
In both cases, you will be entitled to back payment for the difference between the ESA Assessment rate and the rate you should have received having been placed in one of the groups.
If you are placed in the Support Group then your husband to be's earning will not be considered in regard to your benefit as you will be receiving ESA(CB), however, if you are placed in the WRAG and he works 24 or more hours a week then I would not expect you to be eligible for Income Related ESA.
That said it may be still worth applying, providing the DWP have no reason to consider you a couple before you get married, as you should receive ESA(IR) until you get married and if you are placed in the Support Group it will entitle you to an ESA(IR) top-up which will again be payable until you get married and will increase your back payments.
The vast majority of ESA appeals are made without Representation so there is every reason to believe that with a good submission and evidence yours can be successful as well.
Gordon
If your payments of ESA(CB) are stopped because of the 365 day limit, then your being placed in the Support Group at the Tribunal will result in them being re-instated. On the assumption that the Decision you appealed was the first one in relation to your ESA, then the count of days will be reset to zero and if you are placed in the WRAG by a subsequent assessment then you will still have 365 days of payment.
|If you are placed in the WRAG then your payments will not be re-instated or if they are it will only be for a few days until you have used up your 365 days.
In both cases, you will be entitled to back payment for the difference between the ESA Assessment rate and the rate you should have received having been placed in one of the groups.
If you are placed in the Support Group then your husband to be's earning will not be considered in regard to your benefit as you will be receiving ESA(CB), however, if you are placed in the WRAG and he works 24 or more hours a week then I would not expect you to be eligible for Income Related ESA.
That said it may be still worth applying, providing the DWP have no reason to consider you a couple before you get married, as you should receive ESA(IR) until you get married and if you are placed in the Support Group it will entitle you to an ESA(IR) top-up which will again be payable until you get married and will increase your back payments.
The vast majority of ESA appeals are made without Representation so there is every reason to believe that with a good submission and evidence yours can be successful as well.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 1 month ago #118383 by libran1962
Replied by libran1962 on topic esa tribunal help urgent please
dear gordon
thank you so much for the advice and also for taking the time to reply to me in your own time, it is much appreciated
kindest regards
suzanne
thank you so much for the advice and also for taking the time to reply to me in your own time, it is much appreciated
kindest regards
suzanne
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10 years 1 month ago - 10 years 1 month ago #118721 by libran1962
Replied by libran1962 on topic esa tribunal help urgent please
dear gordon
as tribunal on 3 april approaches please may i ask if i get put into the wrag( im hoping to qualify for support group)i understand that when i get married in may that it will be classed as a joint claim and im unlikely to get anything.can i appeal against being put in the wrag and is there a chance it may be successful?or if i put a brand new claim in for worsening of condition might i be successful getting into the support group via the esa 50/ assessment? and if not if im put into the wrag would i qualify for the 365 day contribution based again? so confused thanku kind regards suzanne
as tribunal on 3 april approaches please may i ask if i get put into the wrag( im hoping to qualify for support group)i understand that when i get married in may that it will be classed as a joint claim and im unlikely to get anything.can i appeal against being put in the wrag and is there a chance it may be successful?or if i put a brand new claim in for worsening of condition might i be successful getting into the support group via the esa 50/ assessment? and if not if im put into the wrag would i qualify for the 365 day contribution based again? so confused thanku kind regards suzanne
Last edit: 10 years 1 month ago by Puccalove.
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10 years 1 month ago #118732 by Puccalove
Replied by Puccalove on topic esa tribunal help urgent please
If you have had your 365 days of CB ESA then your two options are:
1.Be placed in the Support Group so your CB ESA continues
OR
2.Apply for IR ESA. Your partners income would be taken into account when assessing your entitlement to this.
If you are not placed in Support Group at appeal you can appeal to an upper tribunal but only if there has been an error in law. This would be quite a complicated process and you would probably need legal representation to do this.
If you are not placed in the Support Group your claim will continue but will be N.I contributions only with no payments. You would not have to attend WFIs. However as your claim would still be active it means that you can report a change of circumstances at any time in the future. If you report a deterioration in your condition this will initiate a reassessment. You are correct in thinking that this can result in you being placed in the Support Group and your payment starting again.
Just to clarify you can only have your 365 days in the WRAG on CB ESA once. Unless you were to develop a new condition and claimed on those grounds.
1.Be placed in the Support Group so your CB ESA continues
OR
2.Apply for IR ESA. Your partners income would be taken into account when assessing your entitlement to this.
If you are not placed in Support Group at appeal you can appeal to an upper tribunal but only if there has been an error in law. This would be quite a complicated process and you would probably need legal representation to do this.
If you are not placed in the Support Group your claim will continue but will be N.I contributions only with no payments. You would not have to attend WFIs. However as your claim would still be active it means that you can report a change of circumstances at any time in the future. If you report a deterioration in your condition this will initiate a reassessment. You are correct in thinking that this can result in you being placed in the Support Group and your payment starting again.
Just to clarify you can only have your 365 days in the WRAG on CB ESA once. Unless you were to develop a new condition and claimed on those grounds.
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10 years 1 month ago #118733 by libran1962
Replied by libran1962 on topic esa tribunal help urgent please
dear gordon
thank you so much again, thats so helpful. this site is a godsend suzanne
thank you so much again, thats so helpful. this site is a godsend suzanne
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10 years 1 month ago #118738 by Puccalove
Replied by Puccalove on topic esa tribunal help urgent please
Having read your previous posts (sorry I should have done that first) I see you have not yet had your 365 days CB ESA and are appealing a refusal.
In that case if you were placed in the WRAG you would recieve payments for one year. At the end of that year my previous two options would come into affect. You can still report a change in your condition at any time in that year if you wish to initiate a reassessment to be placed in Support Group.
If you are placed in the Support Group at your tribunal then your payments will continue until you are reassessed.
Sorry for any confusion.
In that case if you were placed in the WRAG you would recieve payments for one year. At the end of that year my previous two options would come into affect. You can still report a change in your condition at any time in that year if you wish to initiate a reassessment to be placed in Support Group.
If you are placed in the Support Group at your tribunal then your payments will continue until you are reassessed.
Sorry for any confusion.
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