Failed appeals

soulboy wrote: Hi just got back after losing my appeal for ESA payment to stop shortly also lost DLA appeal recently unbelievable after 3 major back surgeries can't think straight what
happens now?

I assume that your ESA(CB) is being time limited because you are in the WRAG.

I am sure that this was not what you meant, but the 365 day time limit is not an appealable decision.

Payments will stop on the indicated date and you will be switched to NI Credits only, unless you also qualify for ESA(IR), subject to the means test of income, savings and assets, and any hours that a partner works, in which cae payments will continue.

See

12 Month Limit for ESA(CB)

You can challenge the ESA Appeal Decision, if you can show that there has been an Error of Law but not because of the Decision.

What is an Error of Law?

If you have only been receiving ESA(CB) for a year and were working before that, then you may be able to make a new claim for ESA(CB) if you can meet the NI Contribution requirements afresh.

You can make a new claim for DLA, there is no waiting period.

If you have more questions, please reply to this post.

Gordon

soulboy wrote: Hi Gordon the 365 days is nearly up , my appeal was to get into the support group what are NI credits ? Thought I would have to claim JSA? I do have a small income but no partner I don't want to challenge the decision I was on long term IB before I would like to try to work part time but can't find anything I could do, it's about surviving in the mean time
Thanks for your help !

You need to get face to face advice as to whether you are eligible for ESA(IR).

As you were on IB you will not be able to re-claim ESA(CB) without accruing a new set of NI Contributions through paid employment or registered self-employment.

The rules for JSA are substantially the same as ESA, so you will not qualify for JSA(CB) and if you are not eligible for ESA(IR), then I am afraid that you will not be eligible for JSA(IR) either.

Gordon