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1998 Accident at work IIB, IB IB - ESA migration..
- Gordon
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8 years 11 months ago #134347 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 1998 Accident at work IIB, IB IB - ESA migration..
brucky
If you think that she meets the criteria for PIP then there is no reason why she should not apply. PIP is non means tested and if successful, may in fact increase the amount of ESA(IR) that may be payable, making it more likely that she will be eligible for.
If she is receiving only NI Credits (i.e. no ESA is in payment) then your wife is not required to attend WFIs or to participate in any Work Related Activity that the DWP might suggest. Obviously this would change if she receives ESA(IR). To be clear, she cannot be sanctioned for failing to attend or participate.
The calculation for ESA(IR) entitlement can be quite complicated and is not something that we can do on the forum, JSA are IIDB counted as income and will be deducted £ for £, as far as I am aware so it CTC.
If you can get face to face assistance with the appeal then it is usually worth doing, but please remember that this is your appeal and only you will benefit or lose by the Decision, so make sure that you are completely happy with the advice you might receive before using it, this applies just as much to the advice given on B&W as anywhere else.
Gordon
If you think that she meets the criteria for PIP then there is no reason why she should not apply. PIP is non means tested and if successful, may in fact increase the amount of ESA(IR) that may be payable, making it more likely that she will be eligible for.
If she is receiving only NI Credits (i.e. no ESA is in payment) then your wife is not required to attend WFIs or to participate in any Work Related Activity that the DWP might suggest. Obviously this would change if she receives ESA(IR). To be clear, she cannot be sanctioned for failing to attend or participate.
The calculation for ESA(IR) entitlement can be quite complicated and is not something that we can do on the forum, JSA are IIDB counted as income and will be deducted £ for £, as far as I am aware so it CTC.
If you can get face to face assistance with the appeal then it is usually worth doing, but please remember that this is your appeal and only you will benefit or lose by the Decision, so make sure that you are completely happy with the advice you might receive before using it, this applies just as much to the advice given on B&W as anywhere else.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- brucky
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8 years 11 months ago #134463 by brucky
Replied by brucky on topic 1998 Accident at work IIB, IB IB - ESA migration..
Gordon,
Sorry for troubling you again
Do I just submit tribunal paperwork without waiting on any forms being sent out as result of data request?
BR
bob
Sorry for troubling you again
Do I just submit tribunal paperwork without waiting on any forms being sent out as result of data request?
BR
bob
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- bro58
8 years 11 months ago - 8 years 11 months ago #134464 by bro58
Hi B,
Yes, as advised on page 12 of our ESA MR/Appeals Guide
You should ensure that your SSCS1 Form and a copy of the MR Notice are posted in good time to arrive at The Tribunal Service (TS) no later than one month from the date of The MR Notice.
You can add comment that you are awaiting documentation that you have requested and will forward any further evidence as a result of this as soon as possible.
You can safely submit further evidence to The TS until around 10-14 days before the hearing date.
You can even submit a page or so of A4 on the day if absolutely necessary.
Missing the one month deadline may cause problems with acceptance of your appeal.
See :
Sending Documents to the DWP or The TS
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
How to write an appeal submission. DR UK
&
MOJ Video of “mock” ESA Appeals Process and Tribunal
bro58
Replied by bro58 on topic 1998 Accident at work IIB, IB IB - ESA migration..
brucky wrote: Gordon,
Sorry for troubling you again
Do I just submit tribunal paperwork without waiting on any forms being sent out as result of data request?
BR
bob
Hi B,
Yes, as advised on page 12 of our ESA MR/Appeals Guide
You should ensure that your SSCS1 Form and a copy of the MR Notice are posted in good time to arrive at The Tribunal Service (TS) no later than one month from the date of The MR Notice.
You can add comment that you are awaiting documentation that you have requested and will forward any further evidence as a result of this as soon as possible.
You can safely submit further evidence to The TS until around 10-14 days before the hearing date.
You can even submit a page or so of A4 on the day if absolutely necessary.
Missing the one month deadline may cause problems with acceptance of your appeal.
See :
Sending Documents to the DWP or The TS
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
How to write an appeal submission. DR UK
&
MOJ Video of “mock” ESA Appeals Process and Tribunal
bro58
Last edit: 8 years 11 months ago by bro58.
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- brucky
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8 years 5 months ago #143373 by brucky
Replied by brucky on topic 1998 Accident at work IIB, IB IB - ESA migration..
After many months of dealing with DWP we ended up at Tribunal. That was adjourned very quickly by the lady judge. More back and fro communications with DWP and Tribunal has followed, with a new tribunal date of 10th Dec arranged.
Out of the blue yesterday a letter from DWP dropped through the door.
DWP are now able to revise the decision when my wife was converted from IB-ESA due to a material error of law.
So she has had IB reinstated back to her status prior to the invalid decision. With all payments due to date with any corrections for difference between IB as was and ESA contributions.
A victory of sorts, but no doubt she will now be fastracked for a new conversion from IB - ESA.
Hopefully without all the aged med reports and misinterpreted comments and records that were used or accessed by the so called Decision Maker in this first phase of the smooth conversion they had promised.
If it had not been for the guides and positive feedback from others who persevered, I think we would have given up many months ago.
Thanks
Out of the blue yesterday a letter from DWP dropped through the door.
DWP are now able to revise the decision when my wife was converted from IB-ESA due to a material error of law.
So she has had IB reinstated back to her status prior to the invalid decision. With all payments due to date with any corrections for difference between IB as was and ESA contributions.
A victory of sorts, but no doubt she will now be fastracked for a new conversion from IB - ESA.
Hopefully without all the aged med reports and misinterpreted comments and records that were used or accessed by the so called Decision Maker in this first phase of the smooth conversion they had promised.
If it had not been for the guides and positive feedback from others who persevered, I think we would have given up many months ago.
Thanks
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- Gordon
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8 years 5 months ago #143385 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 1998 Accident at work IIB, IB IB - ESA migration..
brucky
There must have been something very wrong with your wife's original migration from IB to ESA for the DWP to have done this, we probably have no more than half a dozen members where the DWP have re-instated the claimants IB since they started the transfer in 2011.
I'm afraid it does mean that they will attempt to transfer her again, but it will be from scratch, new ESA50 and new assessment (if one is required), it also means that her 365 days of ESA(CB) will be re-instated if she is not placed in the SG on transfer.
Gordon
There must have been something very wrong with your wife's original migration from IB to ESA for the DWP to have done this, we probably have no more than half a dozen members where the DWP have re-instated the claimants IB since they started the transfer in 2011.
I'm afraid it does mean that they will attempt to transfer her again, but it will be from scratch, new ESA50 and new assessment (if one is required), it also means that her 365 days of ESA(CB) will be re-instated if she is not placed in the SG on transfer.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- brucky
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8 years 5 months ago #143398 by brucky
Replied by brucky on topic 1998 Accident at work IIB, IB IB - ESA migration..
Gordon
Thanks
We had also just got CAB involved and they were preparing to help us with the new Tribunal date. I have dropped them a copy of the revision letter. requested any advice and guidance in preparation for the obvious new IB- ESA conversion. I ask the same of B&W is there any direct link to any of the half dozen you mention above and how successful they were in the end?
Bob
Thanks
We had also just got CAB involved and they were preparing to help us with the new Tribunal date. I have dropped them a copy of the revision letter. requested any advice and guidance in preparation for the obvious new IB- ESA conversion. I ask the same of B&W is there any direct link to any of the half dozen you mention above and how successful they were in the end?
Bob
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