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2 questions
12 years 1 month ago - 12 years 1 month ago #104137 by bro58
Hi B65,
Welcome to the Forum.
You cannot be classed as fit for work, unless you first have a face to face assessment.
You can be placed into The WRAG or SG of ESA on paper scrutiny alone, if ATOS feel that you have provided enough information and evidence with The ESA50.
Q1) If you are found fit for work, (after a face to face) you can appeal, and as long as you also send the DWP a fit note issued by your G.P. you will receive the assessment rate of ESA whilst appealing.
If you are placed into The WRAG , and wish to appeal to be placed into the SG, you would continue to receive WRAG rate whilst appealing.
If you were placed into The WRAG or SG, you would receive no less than you are currently receiving on IB + IS under Transitional Protection.
As you are in receipt of IB with an IS top-up, you would be entitled to CB ESA with an IR ESA top-up, if successfully transferred.
As part of your ESA would be IR ESA you would not have 365 days entitlement only to ESA, if placed into The WRAG.
2) That would depend, but as any Tribunal decision would be a remaking of the adverse decision that you have appealed, any monies owed would be paid from the date of the adverse decision, and not just the date of the Tribunal decision.
ESA Assessment Rate for a single 25 + is £71.70/week
Please see : Benefit Rate Increases from April 2013
See also :
What will I be transferred to?
What will I be paid?
The Transfer Process
From our : IB, IS, SDA, Migration to ESA FAQ’s
Further, see :
What will I be paid while I appeal?
From our : Appeals FAQ’s
&
Do I need to provide a Fit Note?
&
12 Month Limit for ESA(CB)
From our : ESA FAQ’s
Please reply to this topic if you have any further queries.
bro58
Replied by bro58 on topic 2 questions
Bert65 wrote: Currently on IB + IS incl disability premium, and DLA high mobility and high care.
Sent off ESA50 & am now waiting to find out if I have to have an atos medical.
2 questions:
If atos wrongly fail me and I then apply for an appeal tribunal hearing,
(Q1) what benefits if any will I be left with to live on until that tribunal takes place
and
(Q2) if I succeed at the tribunal which benefits will I get backdated if any.
Thanks for your help
Hi B65,
Welcome to the Forum.
You cannot be classed as fit for work, unless you first have a face to face assessment.
You can be placed into The WRAG or SG of ESA on paper scrutiny alone, if ATOS feel that you have provided enough information and evidence with The ESA50.
Q1) If you are found fit for work, (after a face to face) you can appeal, and as long as you also send the DWP a fit note issued by your G.P. you will receive the assessment rate of ESA whilst appealing.
If you are placed into The WRAG , and wish to appeal to be placed into the SG, you would continue to receive WRAG rate whilst appealing.
If you were placed into The WRAG or SG, you would receive no less than you are currently receiving on IB + IS under Transitional Protection.
As you are in receipt of IB with an IS top-up, you would be entitled to CB ESA with an IR ESA top-up, if successfully transferred.
As part of your ESA would be IR ESA you would not have 365 days entitlement only to ESA, if placed into The WRAG.
2) That would depend, but as any Tribunal decision would be a remaking of the adverse decision that you have appealed, any monies owed would be paid from the date of the adverse decision, and not just the date of the Tribunal decision.
ESA Assessment Rate for a single 25 + is £71.70/week
Please see : Benefit Rate Increases from April 2013
See also :
What will I be transferred to?
What will I be paid?
The Transfer Process
From our : IB, IS, SDA, Migration to ESA FAQ’s
Further, see :
What will I be paid while I appeal?
From our : Appeals FAQ’s
&
Do I need to provide a Fit Note?
&
12 Month Limit for ESA(CB)
From our : ESA FAQ’s
Please reply to this topic if you have any further queries.
bro58
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12 years 1 month ago #104154 by bro58
Good luck B65,
Please keep us updated.
bro58
Replied by bro58 on topic 2 questions
Bert65 wrote: thanks so much for your valuable and helpful reply.
Like others, I am not expecting to sail through, as I've been through an atos disaster before and know what tactics they could use. On the other hand my wro says I should be ok...
reallly glad this forum is still here these few years later... keep up the good work
Good luck B65,
Please keep us updated.
bro58
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