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On appeal for ESA, do Benefits get stopped?
- rog747
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11 years 1 month ago - 11 years 1 month ago #101442 by rog747
On appeal for ESA, do Benefits get stopped? was created by rog747
good afternoon,
my friend last year was placed from long term IB onto ESA support group without a medical.
(the form only was sent, and thanks for B&W help in how to get the best from filling in forms and supplying up to date medical reports which we did.)
he has an Aids diagnosis and has run out of most treatment options for HIV therapy drugs due to resistance and side effects plus has recurring HIV related meningitis and many other symptoms.
A year on he has surprisingly been called in for a medical held today (it was by a fairly knowledgeable doctor doing the medical) and we had up to date letters from the top HIV professor in the UK confirming his health problems.
although the Doc knew his HIV stuff the whole thing related around holding pens, can he walk to the local shop and lift his arm over his head blah blah which of course most days he can so therefore,
it is highly likely IMHO that he will be found fit for work and therefore we will have to go to appeal.
should this happen i have read recently that benefits are not paid now whist awaiting an appeal,
is that correct?
what is the current situation please, and keep up the good work B&W! thank you
my friend last year was placed from long term IB onto ESA support group without a medical.
(the form only was sent, and thanks for B&W help in how to get the best from filling in forms and supplying up to date medical reports which we did.)
he has an Aids diagnosis and has run out of most treatment options for HIV therapy drugs due to resistance and side effects plus has recurring HIV related meningitis and many other symptoms.
A year on he has surprisingly been called in for a medical held today (it was by a fairly knowledgeable doctor doing the medical) and we had up to date letters from the top HIV professor in the UK confirming his health problems.
although the Doc knew his HIV stuff the whole thing related around holding pens, can he walk to the local shop and lift his arm over his head blah blah which of course most days he can so therefore,
it is highly likely IMHO that he will be found fit for work and therefore we will have to go to appeal.
should this happen i have read recently that benefits are not paid now whist awaiting an appeal,
is that correct?
what is the current situation please, and keep up the good work B&W! thank you
Last edit: 11 years 1 month ago by . Reason: Tick
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- Gordon
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11 years 1 month ago #101448 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic On appeal for ESA, do Benefits get stopped?
rog747
Whilst there have been some changes to the ESA Support Group descriptors, they have not changed so much that someone who was placed in the SG with a condition that is not likely to improve, would automatically be moved out of it, so your worry over them being found Fit for Work, may be unnecessary.
However, to answer your question, the changes you are referring to do not become law until the end of April, and according to the DWP, will not affect ESA Appeals until October.
So, if an appeal is required;
- If they are placed in the WRAG then they will continue to receive the WRAG rate while they appeal
- If they are found Fit for Work, then they will receive the ESA Assessment rate, providing they actually appeal, not ask for a Reconsideration, and provide Fit Notes stating they are not able to work, for the durationof the appeal.
Gordon
Whilst there have been some changes to the ESA Support Group descriptors, they have not changed so much that someone who was placed in the SG with a condition that is not likely to improve, would automatically be moved out of it, so your worry over them being found Fit for Work, may be unnecessary.
However, to answer your question, the changes you are referring to do not become law until the end of April, and according to the DWP, will not affect ESA Appeals until October.
So, if an appeal is required;
- If they are placed in the WRAG then they will continue to receive the WRAG rate while they appeal
- If they are found Fit for Work, then they will receive the ESA Assessment rate, providing they actually appeal, not ask for a Reconsideration, and provide Fit Notes stating they are not able to work, for the durationof the appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rog747
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11 years 1 month ago - 11 years 1 month ago #101451 by rog747
Replied by rog747 on topic On appeal for ESA, do Benefits get stopped?
Dear Gordon,
many thanks indeed for your prompt reply.
i shall pass on to him your news and yes hopefully sense will prevail and he will be left on support group despite my F2W concerns (and i had forgotten completely about WRAG!)
should the worst happen we will of course appeal, but what is a reconsideration?
may i ask what is an ESA assessment rate if found F2W?
is that like job-seekers?
Fit notes? gosh this is all so confusing now lol
thank you.
many thanks indeed for your prompt reply.
i shall pass on to him your news and yes hopefully sense will prevail and he will be left on support group despite my F2W concerns (and i had forgotten completely about WRAG!)
should the worst happen we will of course appeal, but what is a reconsideration?
may i ask what is an ESA assessment rate if found F2W?
is that like job-seekers?
Fit notes? gosh this is all so confusing now lol
thank you.
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #101459 by Gordon
A Reconsideration is where a new DWP Decision Maker will look at all of the evidence available to see whether the can revise the Decision in favour of the claimant. If it does not result in a change in the Decision, then the claimant can make an appeal.
If you appeal, a Reconsideration is done as part of the appeal process, if the Decision remains unchanged then the claimants papers are automatically sent to the Tribunal Service for an appeal.
The ESA legislation only requires payment of the Assessment rate (£71.00 for a single adult over 25), following a Fit for Work Decision, when an appeal has been lodged, not when a Reconsideration is requested.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic On appeal for ESA, do Benefits get stopped?
rog747 wrote: Dear Gordon,
many thanks indeed for your prompt reply.
i shall pass on to him your news and yes hopefully sense will prevail and he will be left on support group despite my F2W concerns (and i had forgotten completely about WRAG!)
should the worst happen we will of course appeal, but what is a reconsideration?
may i ask what is an ESA assessment rate if found F2W?
is that like job-seekers?
Fit notes? gosh this is all so confusing now lol
thank you.
A Reconsideration is where a new DWP Decision Maker will look at all of the evidence available to see whether the can revise the Decision in favour of the claimant. If it does not result in a change in the Decision, then the claimant can make an appeal.
If you appeal, a Reconsideration is done as part of the appeal process, if the Decision remains unchanged then the claimants papers are automatically sent to the Tribunal Service for an appeal.
The ESA legislation only requires payment of the Assessment rate (£71.00 for a single adult over 25), following a Fit for Work Decision, when an appeal has been lodged, not when a Reconsideration is requested.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rog747
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11 years 1 week ago - 11 years 1 week ago #103050 by rog747
Replied by rog747 on topic On appeal for ESA, do Benefits get stopped?
hi there,
just to update you re my friend with long term HIV/AIDS as I described above and his recent medical review after one year on support group without medical ( from long term IB)
well my fears were right...he has scored ZERO points despite the ATOS doctor saying he had a sound knowledge of HIV/AIDS and we had plenty of sound medical reports back-up.
To now go from support group to ''fit for work'' is ludicrous to say that the least.
even the job centre benefits Adviser helping disabled claimants was shocked to see the result of zero points.
so now we have to go to appeal...this is totally humiliating and disgusting..
..this is a poorly vulnerable person and now has no money coming in and of course housing benefit will be stopped and his DLA may get affected...
what a mess to pick up
just to update you re my friend with long term HIV/AIDS as I described above and his recent medical review after one year on support group without medical ( from long term IB)
well my fears were right...he has scored ZERO points despite the ATOS doctor saying he had a sound knowledge of HIV/AIDS and we had plenty of sound medical reports back-up.
To now go from support group to ''fit for work'' is ludicrous to say that the least.
even the job centre benefits Adviser helping disabled claimants was shocked to see the result of zero points.
so now we have to go to appeal...this is totally humiliating and disgusting..
..this is a poorly vulnerable person and now has no money coming in and of course housing benefit will be stopped and his DLA may get affected...
what a mess to pick up
Last edit: 11 years 1 week ago by Gordon.
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- slugsta
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11 years 1 week ago #103054 by slugsta
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Replied by slugsta on topic On appeal for ESA, do Benefits get stopped?
Hi rog,
I see that Gordon is going to answer in detail, but I didn't want to leave the thread without saying how sorry I am that your friend is going through this when things are already more than difficult enough for him
Perhaps his MP would like to hear how people are really being treated?
Contacting your MP
I see that Gordon is going to answer in detail, but I didn't want to leave the thread without saying how sorry I am that your friend is going through this when things are already more than difficult enough for him
Perhaps his MP would like to hear how people are really being treated?
Contacting your MP
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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