Hi ux,
As it seems that you are rather unsure, regarding my queries, I will do my best.
Firstly, if your payment of CB ESA has ceased due to you exhausting the 365 days entitlement :
12 Month Limit for ESA(CB) Have you been financially assessed to see whether you are entitled to Income Related (IR ESA) ESA, this would involve you requesting an ESA3 from The DWP, filling it in and returning it.
If you can pass the means test regarding capital, assets, savings and household income, and you do not have a partner who works more than 24 hours/week, you may be entitled to IR ESA :
24 hour work rule for ESA(IR) Asset rule for ESA(IR) Sample ESA 3 Form This is purely a "financial assessment" and has nothing to do with The ESA WCA, and which group that you are placed in.
This :
Benefits Calculator may also give you some idea, whether or not you are entitled to IR ESA.
If you are appealing a fit for work decision, any evidence that you use should help to show that you either score the minimum 15 points required for entry to The WRAG :
Qualifying for the WRAG And/Or that you fulfill at least one of The SG Descriptors :
Qualifying for the Support Group As the adverse decision appealed seems to be before 28/01/13, these are the qualifying descriptors :
“Old” 2011 ESA WRAG (LCW) Schedule 2 Descriptors ”Old” 2011 ESA SG (LCWRA) Schedule 3 Descriptors &
The Exceptional Circumstances Rules :
ESA Reg 29 for entry to The WRAG (LCW) ESA Reg 35 for entry to The SG (LCWRA) This is what the Tribunal will be looking at to see whether you qualified for The WRAG/SG at the time of the adverse decision that you have appealed.
See also :
Disability Rights UK Factsheet - Appeals and reconsiderations MOJ Video of ESA Appeals Process and Tribunal Appeals FAQ’s ESA FAQ’s ESA Claims Guides bro58
