Esa Appeal

Daisydream wrote: Hi Mrs Hurtyback

Many thanks for your advice, my solicitor has requested a Statement of Reasons to the Courts since tuesday 4th March, he is also sending a further request for a reccord of the hearing proceedings that took place on the 28th Feb.

I was previously on ESA contribution criteria, Where will I find out if i am still eligible for this criteria under a new ESA claim. Also if I am still elibible which I think I am will it effect my rights to put another ESA appeal request in.

Many thanks for all your help.

I note from your original post you were on IB prior to being transferred to ESA, this being the case then you will not qualify for ESA(CB) on a new claim as you will not have any NI Contributions in the relevant Tax Years, however, you may be eligible for Income Related ESA subject to the means test of your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Any Decisions on a new claim will limit any Decision by a Tribunal, it will be a trade off between the new Decision being based on your current condition, the fact that a new Decision may not be made for six months, your not receiving any benefit during this time and finally, that the likeliest result of a positive UTT case is a re-hearing of your original Tribunal in front of a new panel which may also take many months with guarantee of success.

Gordon

Daisydream wrote: Hi Gordon
I have been on Incapacity Benefit since 1993, The only physical medical i was asked to attend was in April 1994 which resulted in me being classed as totally unfit for work. I was then transferred from IB to ESA-WRAG in March last year for a period of 365 days that it why i appealed against the decision and requested that I be placed in the support group, this was all done through a paper questionaire which I was awarded 18 points. I find it unbelievable that they have found me fit for work even though I have not been offered a physical medical in the last 20 years, should I not be asked to attend a physical medical? Thanks.

I can understand the mistake but you have not been found Fit for Work, using the technical terms, you still have Limited Capability for Work and will continue to do so until you are found Fit for Work by a future assessment.

The 365 day limit is not concerned with a claimant being able to work it is solely concerned with the payment of ESA(CB).

As Mrs H has posted, have you checked whether you are eligible for Income Related ESA? Whilst the DWP should check this as the 365 days closes but our experience is that they do not and it is left to the claimant to do so.

Gordon

Daisydream wrote: Hi Gordon

I have just been told today that the Doctor that was on my esa appeal panel is employed full time by ATOS. Surely this cant be allowed to happen I was under the impression the appeal panel i.e. the Judge and the Doctor was suppose to be impartial. Can you please advise if an ATOS employee is legally allowed to be on the panel? Many thanks.

I am afraid that there is nothing that precludes a Doctor who works for ATOS also being a member of a Tribunal panel, there is no reason to assume that they will be any more or less impartial than any other member might be.

Gordon