waiting for appeal tribunal

It is well over 10 months since I had my WCA and submitted an appeal. I am still waiting for a date of the hearing. I am receiving basic rate benefit of £71 what will happen when I reach the 12 month limit. I am still in the process of collecting medical evidence, do I wait for all of it or send it in piece meal. my appeal submission papers are in. Thanks in anticipation.

RG wrote: It is well over 10 months since I had my WCA and submitted an appeal. I am still waiting for a date of the hearing. I am receiving basic rate benefit of £71 what will happen when I reach the 12 month limit. I am still in the process of collecting medical evidence, do I wait for all of it or send it in piece meal. my appeal submission papers are in. Thanks in anticipation.

Hi RG,

If you are in receipt of CB ESA only at The Assessment Rate, it will cease after 365 days, if your appeal has not been heard.

When a claimant's payment CB ESA is coming to an end, they should be financially assessed to see whether they are then entitled to IR ESA.

If any part of your ESA is IR ESA, it will not cease after 365 days.

You should send any evidence that you may have to The TS as soon as you can, and certainly where at all possible, no later than a fortnight or so before the hearing.

bro58

Thanks Bro 58, that's me stuffed in a few weeks time. My wife receives a pension and I receive a small occupational pension. I am nearly 64 years of age and I don't qualify for pension credit so I won't get anything until I am 65. If ever I get there. If I loose my appeal I won't qualify for JSA so I will have to sell a few things off.

RG wrote: Thanks Bro 58, that's me stuffed in a few weeks time. My wife receives a pension and I receive a small occupational pension. I am nearly 64 years of age and I don't qualify for pension credit so I won't get anything until I am 65. If ever I get there. If I loose my appeal I won't qualify for JSA so I will have to sell a few things off.

Hi RG,

Hopefully that will not be the case.

If you can manage to gain access to The SG, it will be backdated to the time of the adverse decision that you have appealed.

There is no 365 day entitlement rule for people in The SG, even if it is CB ESA only.

See : 12 Month Limit for ESA(CB)

You may wish to read the relevant information from this link :

Qualifying for the Support Group

Please keep us updated, by replying to this topic which you may wish to Bookmark for ease of future reference.

bro58

Even if the tribunal puts you into the WRAG, you would get the difference between the WRAG payment and the assessment rate from the 14th week of your claim, so there would be a bit of money coming to you.

I finally have a letter of support from my GP which I will send to the tribunal services.
I have photographs of the damage to my legs when I have fallen and how there is muscle wastage. The HCP at the WCA refused to accept them, and the welfare worker who helped me submit my appeal pack didn't include them. They are not date stamped but I have endorsed the rear with the dates they were taken. Is it worth sending them to the tribunal. also thanks Mrs Hurtyback.