ESA Claim rejected.

then she should have been paid CB ESA at the assessment rate for 365 days.

She was paid ESA CB for 365 days which ran out on the 6/9/12 she was disallowed ESA by the ATOS medical on the 8/9/12

Brynogwy wrote: then she should have been paid CB ESA at the assessment rate for 365 days.

She was paid ESA CB for 365 days which ran out on the 6/9/12 she was disallowed ESA by the ATOS medical on the 8/9/12

Hi B,

If, as I am now reading it, this face to face assessment on 08/09/12 was your wife's second ESA WCA assessment, and as a result of it she was found fit for work, but had already received her 365 days entitlement to CB ESA on the previous ESA award, then she will not be entitled to CB ESA again, unless she can gain access to The SG, or gain the necessary NI Contributions through employment.

Is my assumption correct in that this latest fit for work decision was her 2nd ESA assessment ?

bro58

Hi

The 8/9/12 decision was her only f2f ESA assessment with ATOS although she has attended many "boards" with IB. She is unable to work so gaining the CB is a no no. If she could gain access to the support group would that be back dated?

Brynogwy wrote: Hi

The 8/9/12 decision was her only f2f ESA assessment with ATOS although she has attended many "boards" with IB. She is unable to work so gaining the CB is a no no. If she could gain access to the support group would that be back dated?

I am still confused, when did you wife first receive a letter from the DWP telling her that the benefit that she was receiving was changing, and she was being transferred over to ESA from IB ?

With respect to your question regarding The SG, if she has exhausted her 365 days entitlement to CB ESA, and is placed into the SG as the result of a future reassessment instigated by the DWP or as a result of a review/supersession requested by your wife due to a change or deterioration in her medical conditions, payment of CB ESA in The SG would only be reinstated from the date of that decision, no backdating to the time of any previous decision.

Payment of CB ESA would remain in place, for as long as she stayed in The SG.

bro58

I am still confused, when did you wife first receive a letter from the DWP telling her that the benefit that she was receiving was changing, and she was being transferred over to ESA from IB ?

We really have no idea so i must assume it was 12 months prior to 6/9/12

Brynogwy wrote: I am still confused, when did you wife first receive a letter from the DWP telling her that the benefit that she was receiving was changing, and she was being transferred over to ESA from IB ?

We really have no idea so i must assume it was 12 months prior to 6/9/12

O.K.

So what group of ESA was your wife placed into on her first assessment for ESA after being transferred over to ESA, was it The WRAG ? did she have to attend Work Focussed Interviews ?

bro58