- Posts: 51101
ESA letter arrived
- tomiward
- Topic Author
I have been a member here on and off for a few years, and as such have used the excellent guides to successfully appeal on two occasions for IB and DLA. My questions are:
If I am not awarded ESA will I have to claim JSA at the adult rate and, is this payment enhanced at all? I am 59.
What happens regarding my DLA claim, it was only awarded in April?
Is ESA still payable whilst making a renewed claim after 365 days?
Thank`s.
Tom.
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- Gordon
- Offline
tomiward wrote: Hi folks, I received the brown letter today informing me about the migration from IB to ESA.
I have been a member here on and off for a few years, and as such have used the excellent guides to successfully appeal on two occasions for IB and DLA. My questions are:
If I am not awarded ESA will I have to claim JSA at the adult rate and, is this payment enhanced at all? I am 59.
What happens regarding my DLA claim, it was only awarded in April?
Is ESA still payable whilst making a renewed claim after 365 days?
Thank`s.
Tom.
If you do not appeal a Fit for Work Decision then you your only other option will be to claim Income Related JSA.
If you are awarded ESA, then there should be no effect on your DLA, if your claim is unsuccessful, then there is a possibility that it will trigger a re-assessment of your DLA claim, this is more likely if you have a Mobility award.
If you are placed in the WRAG then your Contribution Based ESA will be limited to 365 days after which your payments will stop unless you also qualify for Income Related ESA, this will dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are not eligible for ESA(IR), then your ESA(CB) can only be re-instated if you are placed into the Support Group following a re-assessment or you are able to re-meet the Contribution conditions for ESA(CB). You will also receive NI Credits that count towards a full State Pension.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tomiward
- Topic Author
Regards, Tom.
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- tomiward
- Topic Author
Also, would it be ok to send physio reports and support letters that I used at my successful dla appeal in april this year. The physio assesment was carried out in 2011.
Thank`s for any help, Tom.
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- bro58
tomiward wrote: Well the ESA50 arrived last week and, I`ve managed to land an appointment next week with my local CAB welfare officer. What I would like to know is, would a combination of the help from the B&W guides and the welfare officers input be the best way to go. I was thinking of completing the esa50 online using the forum guides, printing it out and taking it with me to the appointment, along with the questionare. I can then refer to the print-out when answering his questions.(hope this makes sense).
Also, would it be ok to send physio reports and support letters that I used at my successful dla appeal in april this year. The physio assesment was carried out in 2011.
Thank`s for any help, Tom.
Hi T,
Yes, it may be an idea to fill in the PDF version using out guides, and then use it as reference when you consult with the Welfare Officer.
You'll have to be diplomatic if referring to our guides, as the Welfare Officer may not like it.
You could show them the Pdf ESA50 an ask their opinion.
You can use copies of any medical evidence that you feel supports your ESA WCA, older ones are O.K. , as long as you make it clear that your conditions have not improved since that time.
Obviously, the more current the evidence is, the better.
bro58
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