ESA payments stopped, what do do now?

I was transferred to ESA from Incapacity a year ago. I appealed the decision as I have lots of problems, Diabetes, Depression,Anxiety and Panic Attacks, Bad Back. My back causes sciatica, numbness in legs and feet and obviously a lot of pain. I also have Osteoarthritis in the top and bottom of my spine. I was placed into the WRAG group and have appealed. I went to my ATOS medical and my Tribunal on 12th March. I informed them at the tribunal about my medical. They failed my appeal as I apparently had no descriptors to schedule 3? They told me that my medical outcome would supersede the tribunal results any way? I am still awaiting the result of my medical, it went to the decision makers on 15th of March, apparently there is a backlog! I asked about claiming ESA on income, but was told as my husband was working full time I wouldn't even be considered! He is self employed and has worked at a loss for the past few years. He can't stop work as we would lose Working Tax Credit, a vicious circle. The thing is my husband works all year, but business is seasonal. He goes in checks phone etc then leaves throughout the winter months. Averaging his hours out they would be loads less than 40 as I had previously stated. I wonder if I could claim ESA on income if I said he only worked 24 hours a week throughout the year?
I have been to the Citizens Advice Bureau, but they weren't very helpful regarding my tribunal? I am working with a lady there on an application for DLA, but don't hold out much help.
My personal Advisor at the Job Centre just told me to get a job! How? I can only sit for so long, stand gor so long. I can't lift, I have weakness in both arms, nerve damage in my neck, so that hurts. Help please????????

rossiwatson wrote: I was transferred to ESA from Incapacity a year ago. I appealed the decision as I have lots of problems, Diabetes, Depression,Anxiety and Panic Attacks, Bad Back. My back causes sciatica, numbness in legs and feet and obviously a lot of pain. I also have Osteoarthritis in the top and bottom of my spine. I was placed into the WRAG group and have appealed. I went to my ATOS medical and my Tribunal on 12th March. I informed them at the tribunal about my medical. They failed my appeal as I apparently had no descriptors to schedule 3? They told me that my medical outcome would supersede the tribunal results any way? I am still awaiting the result of my medical, it went to the decision makers on 15th of March, apparently there is a backlog! I asked about claiming ESA on income, but was told as my husband was working full time I wouldn't even be considered! He is self employed and has worked at a loss for the past few years. He can't stop work as we would lose Working Tax Credit, a vicious circle. The thing is my husband works all year, but business is seasonal. He goes in checks phone etc then leaves throughout the winter months. Averaging his hours out they would be loads less than 40 as I had previously stated. I wonder if I could claim ESA on income if I said he only worked 24 hours a week throughout the year?
I have been to the Citizens Advice Bureau, but they weren't very helpful regarding my tribunal? I am working with a lady there on an application for DLA, but don't hold out much help.
My personal Advisor at the Job Centre just told me to get a job! How? I can only sit for so long, stand gor so long. I can't lift, I have weakness in both arms, nerve damage in my neck, so that hurts. Help please????????

Hi rw,

Sorry to hear that your appeal was not successful.

" They failed my appeal as I apparently had no descriptors to schedule 3?"

The Tribunal were stating that they felt that you did not fulfill at least one of The Schedule 3 SG Descriptors, as seen below :

SG (LCWRA) Descriptors

" They told me that my medical outcome would supersede the tribunal results any way?"

This means that whatever decision the Tribunal had made on the day, would be superseded by any decision made as a result of the face to face assessment that you also had on 12th March.

If you wish to be considered for IR ESA, as you have now exhausted your 365 days entitlement to payment of CB ESA, you would have to request an ESA 3 Form from The DWP :

Sample ESA 3 Form

See also :

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

If you are not entitled to IR ESA, the only way that you will again be entitled to payment of CB ESA is if you can gain entry to The SG, or obtain the necessary NI Contributions through employment.

See also :

Where to get advice?

Sending Documents to the DWP or ATOS

Benefits Calculator

Please reply to this topic if you have any further queries.

bro58

Hi rw,

Just to add regarding DLA.

You can access our DLA Claims Guides, here :

DLA Guides

You may also find these links helpful :

DM Guide AA & DLA :

www.dwp.gov.uk/docs/dmgch61.pdf

DR UK DLA & AA :

www.disabilityrightsuk.org/f23.htm

Our DLA FAQ's are here :

DLA FAQ’s

bro58

When I went to the tribunal I was using a walking stick, I needed my daughter to help me get up from the chair! I needed her help to get to the car and to get in to the car. I told them I have pain as soon as I start to walk, even before. I said I had problems with my hands arms etc, but they chose to ignore my comments and all of my forms and letters. I have asked for their reasons, what do I do when I get them?

rossiwatson wrote: When I went to the tribunal I was using a walking stick, I needed my daughter to help me get up from the chair! I needed her help to get to the car and to get in to the car. I told them I have pain as soon as I start to walk, even before. I said I had problems with my hands arms etc, but they chose to ignore my comments and all of my forms and letters. I have asked for their reasons, what do I do when I get them?

Hi rw,

You can request a Written Statement of Reasons within one month of the decision, as it seems you have done :

Tribunals – Requesting a Statement of Reasons

If you then consider that there may have been an "Error in Law" you could appeal to The Upper Tier, this is not a straight forward issue and you may need professional help.

What is an Error of Law?

I believe that Legal Aid is still available for appeals to The Upper Tier.

You could also request a Record of Proceedings from The Tribunal, if you feel that there may have been an error in law, if you are to request an RoP, you should do this ASAP.

The only problem is, that even if you successfully appealed to the UT, any decision would be backdated to the time of the original WRAG award, but would be superseded by any decision made as a result of your assessment on the 12th March.

bro58

Sorry to keep on, but I have depression, which has improved a lot since I changed my medication. I was on 60mg of Fluoxetine a day, now am on 90mg of Duloxetine, however this was ignored too. I am not cured of my depression. I just don't know what to do? We have working families tax credit of £360.00 per month and that is it?