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Appeal success but timing problems.

  • delrio
  • Topic Author
9 years 10 months ago - 9 years 10 months ago #122724 by delrio
Appeal success but timing problems. was created by delrio
So a few months ago I attended my appeal and was successful. I went from having been denied ESA to being put in the work related group, which I'm happy with. I want to get back to work but I need help and time.

My original assessment was August 2013. I finally received my letter today confirming I'm on ESA and stating that I will only receive payments up to 29th August 2014.

Well.... by the time the Job Centre gets onto this, my payments will nearly be up and I'll have had zero support and a truck load of stress from the appeals process. I really need the support because I suffer from huge anxiety issues.

I called a few weeks back to ask if I needed to do anything and was told I just needed to wait for the Job Centre to contact me as it takes time to filter through the system. I tried calling again today, but after being on hold for ten minutes and my anxiety going through the roof, I gave up.

Has anyone been in this situation with such tight timing? If so what happened?
Also does anyone know if the current hold on reassessments will affect this?

The appeal medic and judge did recommend I not be reassessed for two years but that's only a recommendation.
Last edit: 9 years 10 months ago by Gordon.

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9 years 10 months ago - 9 years 10 months ago #122729 by Gordon
Replied by Gordon on topic Appeal success but timing problems.
delrio

The first thing for you to do is to check whether you are eligible to receive Income Related ESA, if you are then your payments will continue after the end of August.

Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You need to request an ESA3 from the DWP.

If you are not eligible for ESA(IR) then as long as you continue to Limited Capability for Work, which you currently do, then you will receive NI Credits which count towards a full State Pension and if you at any time meet the criteria for the Support Group, then you can ask to be re-assessed, if successful then your ESA(CB) will be re-instated.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 10 months ago by Gordon.

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  • delrio
  • Topic Author
9 years 10 months ago - 9 years 10 months ago #122732 by delrio
Replied by delrio on topic Appeal success but timing problems.
Do you know what the household income threshold is? I meet the personal assets threshold but I live with family and suspect their income is too high.

The info you provided seems to talk about partners, it doesn't seem to allow for an adult living with parents.

So if I understand you correctly, come August I will need to reapply - my situation hasn't changed so in theory I'd still be eligible.
Last edit: 9 years 10 months ago by Gordon.

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9 years 10 months ago #122734 by Gordon
Replied by Gordon on topic Appeal success but timing problems.

delrio wrote: Do you know what the household income threshold is? I meet the personal assets threshold but I live with family and suspect their income is too high.

The info you provided seems to talk about partners, it doesn't seem to allow for an adult living with parents.

So if I understand you correctly, come August I will need to reapply - my situation hasn't changed so in theory I'd still be eligible.


Your parents should not be counted as part of your household in regard to your assets and saving.

There is no specific "income threshold" as it depends on the amount of Income Related ESA you are receiving, basically as long as your income does not exceed any ESA(IR) payment it remains in payment, your income would be deducted £ for £ from any ESA(IR).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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