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Help required with my appeal to Tribunal.
- Gordon
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11 years 11 months ago #107346 by Gordon
The letter is referring to the time limiting of ESA(CB) payments to 365 days, after this time you will receive NI Credits, not NI Contributions, which count towards a full State Pension, your being eligibility to receive these will depend on you continuing to have Limited Capability for Work, this will be determined by your completing further ESA50s and your possibly attending ATOS assessments.
Any further re-assessments dates will be determined as normal, you can check when you are next due to be re-assessed by contacting the DWP, they should have it available on their computer system.
Have you checked whether you are eligible for Income Related ESA as a replacement for your ESA(CB)?
ESA(IR) is dependant on your household income, assets and savings, and any hours that a partner works, there is no time limit on your receiving ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help required with my appeal to Tribunal.
Meleri wrote: Thank you for your reply Gordon. I have read this paragraph over and over again and couldn't quite
believe what he had written.
One more thing you may be able to help me with if you could please. This morning I received a letter from The Jobcentre telling me my benefit ends this September, in order to receive National Insurance contributions I may be required to provide medical evidence and attend Work Capability Assessments. If my appeal fails on Monday will I have to attend these assessments straight away?
The letter is referring to the time limiting of ESA(CB) payments to 365 days, after this time you will receive NI Credits, not NI Contributions, which count towards a full State Pension, your being eligibility to receive these will depend on you continuing to have Limited Capability for Work, this will be determined by your completing further ESA50s and your possibly attending ATOS assessments.
Any further re-assessments dates will be determined as normal, you can check when you are next due to be re-assessed by contacting the DWP, they should have it available on their computer system.
Have you checked whether you are eligible for Income Related ESA as a replacement for your ESA(CB)?
ESA(IR) is dependant on your household income, assets and savings, and any hours that a partner works, there is no time limit on your receiving ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- scratchgolfer
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11 years 11 months ago - 11 years 11 months ago #107350 by scratchgolfer
Replied by scratchgolfer on topic Help required with my appeal to Tribunal.
Gordon
How would the tribunal know your income, they would not have this information as to which group to place you in. The tribunal only place you in the WRAG.
If the tribunals decision is final except on appeal, why is it then they stated my wife not to be reassessed, but DWP-Atos still required her to attend to medicals.
I am a little confused
SG
How would the tribunal know your income, they would not have this information as to which group to place you in. The tribunal only place you in the WRAG.
If the tribunals decision is final except on appeal, why is it then they stated my wife not to be reassessed, but DWP-Atos still required her to attend to medicals.
I am a little confused
SG
Last edit: 11 years 11 months ago by bro58.
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- Meleri
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11 years 11 months ago - 11 years 11 months ago #107352 by Meleri
Replied by Meleri on topic Help required with my appeal to Tribunal.
I am not eligible for the Income related ESA due to my husbands income, but thank you for suggesting it Gordon.
I have 20 years of paying full stamp and as I have been on IB for 23 years then have that many credits, will that be enough to claim a state pension when I retire in 22 months time?
Glad I'm not the only one Mrs Hurtyback !!
I have 20 years of paying full stamp and as I have been on IB for 23 years then have that many credits, will that be enough to claim a state pension when I retire in 22 months time?
Glad I'm not the only one Mrs Hurtyback !!
Last edit: 11 years 11 months ago by Gordon.
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- bro58
11 years 11 months ago - 11 years 11 months ago #107357 by bro58
Hi SG,
Whilst paying heed to Gordon's previous post.
Which "group" (WRAG or SG) of ESA that you are placed into, as a result of a DWP DM's decision, or a remaking of an adverse decision by a Tribunal, has no relevance to whether you are entitled to and paid IR ESA, CB ESA or a combination of both.
This is dependent on your NI Credit, NI Contribution history and personal circumstances. If being transferred over to ESA, which benefits you were in receipt of prior to successful transfer.
An Appeals Tribunal do decide, which "group" of ESA you are placed in, WRAG in that you have Limited Capability for Work, (LCW) or SG in that you have Limited Capability for Work Related Activity. (LCWRA)
The only way that the DWP could challenge such a decision, as with an appellant, would be to show that there had been an Error of Law.
This would have to be appealed to The UT.
The Tribunal's recommendations on when an appellant should be reassessed are purely that, a recommendation, and have no legal standing.
The DWP do not have to abide by any such recommendation, (Prognosis) as the prognosis it not part of any ESA award legally, unlike a fixed term DLA award, where the length of the award actually forms part of the award, legally.
Hope this explains it.
bro58
Replied by bro58 on topic Help required with my appeal to Tribunal.
sratchgolfer wrote: Gordon
How would the tribunal know your income, they would not have this information as to which group to place you in. The tribunal only place you in the WRAG.
If the tribunals decision is final except on appeal, why is it then they stated my wife not to be reassessed, but DWP-Atos still required her to attend to medicals.
I am a little confused
SG
Hi SG,
Whilst paying heed to Gordon's previous post.
Which "group" (WRAG or SG) of ESA that you are placed into, as a result of a DWP DM's decision, or a remaking of an adverse decision by a Tribunal, has no relevance to whether you are entitled to and paid IR ESA, CB ESA or a combination of both.
This is dependent on your NI Credit, NI Contribution history and personal circumstances. If being transferred over to ESA, which benefits you were in receipt of prior to successful transfer.
An Appeals Tribunal do decide, which "group" of ESA you are placed in, WRAG in that you have Limited Capability for Work, (LCW) or SG in that you have Limited Capability for Work Related Activity. (LCWRA)
The only way that the DWP could challenge such a decision, as with an appellant, would be to show that there had been an Error of Law.
This would have to be appealed to The UT.
The Tribunal's recommendations on when an appellant should be reassessed are purely that, a recommendation, and have no legal standing.
The DWP do not have to abide by any such recommendation, (Prognosis) as the prognosis it not part of any ESA award legally, unlike a fixed term DLA award, where the length of the award actually forms part of the award, legally.
Hope this explains it.
bro58
Last edit: 11 years 11 months ago by bro58.
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- Gordon
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11 years 11 months ago #107358 by Gordon
Under the current system you need 30 years of Contributions/Credits, after 2015 I believe it may rise to 35 years, depending on whether the proposed changes to the State Pension are enacted.
You should be able get a forecast
www.gov.uk/state-pension-statement
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help required with my appeal to Tribunal.
Meleri wrote: I am not eligible for the Income related ESA due to my husbands income, but thank you for suggesting it Gordon.
I have 20 years of paying full stamp and as I have been on IB for 23 years then have that many credits, will that be enough to claim a state pension when I retire in 22 months time?
Glad I'm not the only one Mrs Hurtyback !!
Under the current system you need 30 years of Contributions/Credits, after 2015 I believe it may rise to 35 years, depending on whether the proposed changes to the State Pension are enacted.
You should be able get a forecast
www.gov.uk/state-pension-statement
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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- Meleri
- Topic Author
11 years 11 months ago #107363 by Meleri
Replied by Meleri on topic Help required with my appeal to Tribunal.
Thanks again for your help Gordon, I will apply for a pension forecast. I wish I had found this site when I first filled in my ESA50. But still, it has given me hope and pointed me in the right direction for my appeal. I'll be back on Monday with the verdict.
Meleri
Meleri
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