Questions relating to ESA

Hi

First time poster here; and I would like to thank all those who put together and maintain this site. It is an invaluable resource.

I have been on Incapacity Benefit for twenty years; but now face my Work Capability Assessment to see if I qualify for ESA or not.

I am in the process of completing my Limited Capability for Work questionnaire ESA50/01/13

I really know nothing about either the assessment or ESA in general

I have several questions to ask if I may:

1: I presume there are three possible outcomes to the assessments a) I am found fully fit for work and I lose all my benefits b) I am found capable of some work; presumably I am then put into the Work Related Activity Group or c) I am found capable of no work whatsoever and I am put into the Support Group and continue to receive benefit.
Is my understanding correct?

2: If I am put into the WRAG; is my benefit means tested? I am married and my wife earns £15K pa and we have savings of £15K – will those count against me? I have heard that one’s benefit is reduced by £1 for every £250 of savings you have. Is this correct?

3: If you are put into the Support Group; is your ESA still means tested and will my wife’s earnings and our savings count against me? Also if you are in the Support Group; is that the end of it or could you still be reassessed later on?

4: My condition fluctuates significantly from day to day. Is any allowance made for this at all? Or does it all depend on how you are when the assessment happens?

5: If I am found fully capable of work or placed into the WRAG; I presume I can appeal the decision? If so; who do I appeal to and at what point should I appeal?

6: I have read here that you can have your assessment recorded. I can understand that this can help in the event of disputes; but could it antagonise the assessor and make things worse?

7: Is this recording an audio or video recording? How do you request having your assessment recorded? Can you request it when returning your WCA questionnaire?

8: Are there any tips or hints I should bear in mind when completing my questionnaire? I have two weeks left before I need to post it back.

Apologies for so many questions and thank you for your help.

Dan

Hi Dan and Welcome to Benefits and Work

I have allowed your long post - partly because you are now here and also because it makes sense to have all of your questions in one place. However, we poor old mods would be grateful if you could try and keep future posts a little shorter

I will try to answer your questions in order

1) You are almost correct. Being put into the WRAG group means that it is considered that you might be fit for work in the foreseeable future and will be asked to undertake 'Work Related Activities. You cannot be asked to work or seek work while in this group

Work Focussed Interviews

Work Programme

2) Time spent in WRAG is means-tested after a total of 365 days. it is unlikely that you would qualify for income-related ESA if your partner works.

12 Month Limit for ESA(CB)

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

3) Time on contributory ESA in the Support Group is not time limited, your wife's earnings would not affect it. All ESA claimants should expect periodic reassessments (at longest every 2 years in WRAG and 3 years in WRAG)

4) Our ESA guides deal with this in detail

ESA claims and appeals

5) Yes, you have one month to start the appeal process if you do not agree with it. Post on here as soon as you get the unfavourable decision and we will tell you how to go about appealing

6 +7) Yes, you can request an audio recording of the face-to-face assessment. You should include this with the ESA50 when you return it. this is dealt with in our ESA guide

8) Follow our ESA guide step by step, you might find it helpful to use the PDF form

Using The PDF Version Of The ESA50 Questionnaire

if you have any further questions, please come back and ask them on this topic/thread as it helps us to keep everything in one place. You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now.

Please forgive my multiple postings of half-finished posts, I think the gremlins were at work I will delete the rubbish!