- Posts: 28
× Members
ESA Appeal
- cazziej
- Topic Author
- Offline
Less More
5 years 3 months ago #224049 by cazziej
ESA Appeal was created by cazziej
Hi there
My husband had been on ESA (moved from IB) since 2011, he was in the Support Group. He attended for review in August last year and then received a telephone call on 24.09.18 to say that he had received 0 (zero) points and pointing him in the direction of the Job Centre. He was medically retired from his job as a labourer in around 2010 due to severe problems with his spine. He has several discs protruding on nerves, arthritis of his hip and neck and degeneration of his knees. He is unable to have surgery as the pain does not radiate to his legs and this is all that the surgery would alleviate. He also has haemophilia and has had a reaction in the past to plasma products, so his surgeon is not keen to operate anyway, without any other factors. He also has IBS and finds it difficult to get to the toilet in time on occasion. This was all well documented.
Once we received the report we requested an MR and this came back increasing his points to 9 for "Moving Around". However, as he had not reached 15 points, the decision still stood.
We have sent in his appeal documents and he is now awaiting a date (any idea when his appeal is likely to be heard? We are in Manchester.).
He did not contact the Job Centre as there is genuinely not a chance that he is fit for work. When I originally ran our circumstances through "Entitled To" it came back saying he would not be entitiled to anything anyway, as the household earn too much for IR (he has a small pension, I have a small pension and a tiny income from self employment) and I don't think he would qualify for CB as he has not worked for almost 10 years, so he didn't bother applying and we have been trying to muddle through, losing £440 per month. This came a couple of months after him losing his DLA in the changeover to PIP and having to send the car back to Motability that my son used to run him around. His mobility was taken away completely and he was awarded lower rate care/daily living.
Anyway, while I have been reading up about the appeal process, I have seen mentioned a few times that he could possibly have his ESA reinstated whilst he waits for his appeal. Is this right? If so, what does he need to do? If it is likely to be the case that he not qualify for CB or IR due to household income and NI contributions then he won't bother, but if he would automatically be put back in the support group, then he will. If he can claim ESA, would he have to pay it back if his appeal fails? Sorry for so many questions, but I am really confused and struggling to find the answers elsewhere.
In other matters, he received an ESA3(IBRD) in December and we have returned the form with bank statements and other info asked for. When he was changed over from IB to ESA he remained on CB without any IR top up. The form asks about partners hours worked and for the majority of the time they are asking about, I worked 22.5 hours (3 days per week). Why is this relevant, and not the actual amount earned? They are asking about the period August 2011 to September 2018 (when his ESA stopped).
Thank you in advance.
C
My husband had been on ESA (moved from IB) since 2011, he was in the Support Group. He attended for review in August last year and then received a telephone call on 24.09.18 to say that he had received 0 (zero) points and pointing him in the direction of the Job Centre. He was medically retired from his job as a labourer in around 2010 due to severe problems with his spine. He has several discs protruding on nerves, arthritis of his hip and neck and degeneration of his knees. He is unable to have surgery as the pain does not radiate to his legs and this is all that the surgery would alleviate. He also has haemophilia and has had a reaction in the past to plasma products, so his surgeon is not keen to operate anyway, without any other factors. He also has IBS and finds it difficult to get to the toilet in time on occasion. This was all well documented.
Once we received the report we requested an MR and this came back increasing his points to 9 for "Moving Around". However, as he had not reached 15 points, the decision still stood.
We have sent in his appeal documents and he is now awaiting a date (any idea when his appeal is likely to be heard? We are in Manchester.).
He did not contact the Job Centre as there is genuinely not a chance that he is fit for work. When I originally ran our circumstances through "Entitled To" it came back saying he would not be entitiled to anything anyway, as the household earn too much for IR (he has a small pension, I have a small pension and a tiny income from self employment) and I don't think he would qualify for CB as he has not worked for almost 10 years, so he didn't bother applying and we have been trying to muddle through, losing £440 per month. This came a couple of months after him losing his DLA in the changeover to PIP and having to send the car back to Motability that my son used to run him around. His mobility was taken away completely and he was awarded lower rate care/daily living.
Anyway, while I have been reading up about the appeal process, I have seen mentioned a few times that he could possibly have his ESA reinstated whilst he waits for his appeal. Is this right? If so, what does he need to do? If it is likely to be the case that he not qualify for CB or IR due to household income and NI contributions then he won't bother, but if he would automatically be put back in the support group, then he will. If he can claim ESA, would he have to pay it back if his appeal fails? Sorry for so many questions, but I am really confused and struggling to find the answers elsewhere.
In other matters, he received an ESA3(IBRD) in December and we have returned the form with bank statements and other info asked for. When he was changed over from IB to ESA he remained on CB without any IR top up. The form asks about partners hours worked and for the majority of the time they are asking about, I worked 22.5 hours (3 days per week). Why is this relevant, and not the actual amount earned? They are asking about the period August 2011 to September 2018 (when his ESA stopped).
Thank you in advance.
C
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
5 years 3 months ago #224061 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
cazziej
Contact the Tribunal Service they can tell you the current wait times for your venue.
He will need a Fit Note fromthe day after the ESA Decision was made (ideally) and to maintain one until the hearing, he then needs to contact the DWP office that dealt with his ESA and ask to have his ESA re-instated at the Assessment rate until the appeal is heard.
This will be ESA(CB) as it will be considered a continuation of his original award,he won't need to re-qualify for this.
They ask about the hours worked becuase the claimant cannot receive ESA(IR) if their partner is working for 24 or more hours a week.
Have a look at our ESA appeal documents in the ESA area, they explain how to prepare for an appeal there is also a video of a staged ESA appeal on the following they will give you an idea of what to expect.
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Contact the Tribunal Service they can tell you the current wait times for your venue.
He will need a Fit Note fromthe day after the ESA Decision was made (ideally) and to maintain one until the hearing, he then needs to contact the DWP office that dealt with his ESA and ask to have his ESA re-instated at the Assessment rate until the appeal is heard.
This will be ESA(CB) as it will be considered a continuation of his original award,he won't need to re-qualify for this.
They ask about the hours worked becuase the claimant cannot receive ESA(IR) if their partner is working for 24 or more hours a week.
Have a look at our ESA appeal documents in the ESA area, they explain how to prepare for an appeal there is also a video of a staged ESA appeal on the following they will give you an idea of what to expect.
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cazziej
Please Log in or Create an account to join the conversation.
- cazziej
- Topic Author
- Offline
Less More
- Posts: 28
5 years 3 months ago #224070 by cazziej
Replied by cazziej on topic ESA Appeal
Thank you Gordon, I will get him to make an appointment at the GP as soon as possible and will check out the link you left.
Best wishes
C
Best wishes
C
Please Log in or Create an account to join the conversation.
- cazziej
- Topic Author
- Offline
Less More
- Posts: 28
5 years 2 months ago #226160 by cazziej
Replied by cazziej on topic ESA Appeal
Good afternoon
Following on from this, my husband obtained a Fitnote from his GP who backdated it to when he was informed that he was being taken off ESA (24th September 2018) and also gave him another Fitnote dated the day of his appointment, for 3 months.
He sent both of them to DWP on 29th January (signed for on 31st January) with a note giving his appeal reference and requesting that his ESA be reinstated as soon as possible.
He has not received any correspondence and neither has he received any payment after 2 weeks.
Does anybody have a rough idea how long the first payment usually takes? I thought he would have received a payment by now as I had read that it is a straightforward matter to reinstate ESA (at assessment rate). Should he be contacting them to ask if there is a problem?
Thank you in advance.
C
Following on from this, my husband obtained a Fitnote from his GP who backdated it to when he was informed that he was being taken off ESA (24th September 2018) and also gave him another Fitnote dated the day of his appointment, for 3 months.
He sent both of them to DWP on 29th January (signed for on 31st January) with a note giving his appeal reference and requesting that his ESA be reinstated as soon as possible.
He has not received any correspondence and neither has he received any payment after 2 weeks.
Does anybody have a rough idea how long the first payment usually takes? I thought he would have received a payment by now as I had read that it is a straightforward matter to reinstate ESA (at assessment rate). Should he be contacting them to ask if there is a problem?
Thank you in advance.
C
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
5 years 2 months ago #226168 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
cazziej
From posts on here and other forums, it should only be a couple of weeks so I would phone them for an update.
Gordon
From posts on here and other forums, it should only be a couple of weeks so I would phone them for an update.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cazziej
Please Log in or Create an account to join the conversation.
- cazziej
- Topic Author
- Offline
Less More
- Posts: 28
5 years 2 months ago #226173 by cazziej
Replied by cazziej on topic ESA Appeal
Thank you Gordon, I will get him to give them a ring tomorrow.
C
C
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris