- Posts: 51284
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Appeal Won and now ESA50 has arrived today
× Members
Appeal Won and now ESA50 has arrived today
- Gordon
- Offline
Less More
7 years 3 months ago #204969 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today
Rumplestiltskin
OK there appear to be two aspects to this.
AS you are at appeal and waiting for a hearing I assume that she is trying to get payment of the ESA Assessment rate?
It also appears that she was receiving Contribution Based ESA.
ESA(CB) payments are limited to 365 days if the claimant is not in the Support Group, the letter is informing your wife that she will reach the end of the 365 days in July. After this, if she is eligible she can claim Income Related ESA as a replacement for the ESA(CB).
However, she will not receive anything at this time unless she is covered by a Fit Note, this is a requirement of the ESA payment system. If it is backdated to the date after her ESA was stopped then she should receive back payment as well.
I hope I have covered everything, but if not then please re-post.
Gordon
OK there appear to be two aspects to this.
AS you are at appeal and waiting for a hearing I assume that she is trying to get payment of the ESA Assessment rate?
It also appears that she was receiving Contribution Based ESA.
ESA(CB) payments are limited to 365 days if the claimant is not in the Support Group, the letter is informing your wife that she will reach the end of the 365 days in July. After this, if she is eligible she can claim Income Related ESA as a replacement for the ESA(CB).
However, she will not receive anything at this time unless she is covered by a Fit Note, this is a requirement of the ESA payment system. If it is backdated to the date after her ESA was stopped then she should receive back payment as well.
I hope I have covered everything, but if not then please re-post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Rumplestiltskin
- Topic Author
- Offline
Less More
- Posts: 25
7 years 3 months ago #205133 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Thanks for that and also the prompt response.
You have explained it better than the bloke from DWP!
I will progress the matter now that I understand the position.
You have explained it better than the bloke from DWP!
I will progress the matter now that I understand the position.
Please Log in or Create an account to join the conversation.
- Rumplestiltskin
- Topic Author
- Offline
Less More
- Posts: 25
7 years 3 months ago #205485 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Update for info.
Asked the GP about the issue of a back-dated fit-note and was advised that they will not issue one unless they get a letter from DWP asking for it and at that point they will consider issuing one and only a "partner" can sign it as GP's who are not partners are not allowed by the Surgery to do so.
Asked the GP about the issue of a back-dated fit-note and was advised that they will not issue one unless they get a letter from DWP asking for it and at that point they will consider issuing one and only a "partner" can sign it as GP's who are not partners are not allowed by the Surgery to do so.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 3 months ago #205488 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today
Rumplestiltskin
The DWP will not ask for a Fit Note, backdated or not! Are they prepared to issue a current Note?
Gordon
The DWP will not ask for a Fit Note, backdated or not! Are they prepared to issue a current Note?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Rumplestiltskin
- Topic Author
- Offline
Less More
- Posts: 25
7 years 3 months ago #205700 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Gordon
I will try and get through to the GP and ask the question.
Thanks for your continuing advice. I will let you know how that goes.
Regards
R
I will try and get through to the GP and ask the question.
Thanks for your continuing advice. I will let you know how that goes.
Regards
R
Please Log in or Create an account to join the conversation.
- Rumplestiltskin
- Topic Author
- Offline
Less More
- Posts: 25
6 years 6 months ago #219675 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
It's been a while since I posted so the following may perhaps explain why. Shortly after my last post, we received a date for the appeal hearing which was set for 23 August. On 11 August my wife collapsed and was admitted to our local general hospital before being transferred to a specialist unit at King's College, London where she was detained for several weeks before being returned to our local hospital. A relatively rare infection had targeted her spinal chord which has also led to short term memory loss which I am told may or may not be permanent. She was treated with a bespoke antibiotic administered intravenously for several weeks before she returned home. At home, the intravenous treatment continued with District nurses visiting the house every day at 10:00 and 22:00 to do the needful. A few days ago, the microbiologists managed to convert the anti-biotics to tablet form so the intravenous treatment stopped although the deep vein Picc line which was used to administer the treatment has been left in her arm as a just in case measure. She has lost 10% of her body weight, is immobilised, house bound and cannot even stand unsupported.
I contacted the relevant authority when she was first admitted to hospital, explained the position and asked for a postponement of the appeal hearing which was granted. I will update them shortly .
We do not have a definite prognosis yet as she is still undergoing tests with MRI and CT scans etc so pursuing the ESA claim fell well down my priority list.
Now that we have established a form of routine, if it can be called that, I have been able to turn my mind to other matters.
This event is not connected to the health issues which were subject of the ESA claim which is going to appeal. It is a totally new and unforeseen development , the effects of which are much more devastating than the problems which were subject of the claim. Since we have no definite prognosis (although the cause has been identified) should I now lodge a fresh claim because of the changed circumstances? I don't think there will be any difficulty in obtaining a fit note from the doctor now but I haven't yet even asked about that.
I contacted the relevant authority when she was first admitted to hospital, explained the position and asked for a postponement of the appeal hearing which was granted. I will update them shortly .
We do not have a definite prognosis yet as she is still undergoing tests with MRI and CT scans etc so pursuing the ESA claim fell well down my priority list.
Now that we have established a form of routine, if it can be called that, I have been able to turn my mind to other matters.
This event is not connected to the health issues which were subject of the ESA claim which is going to appeal. It is a totally new and unforeseen development , the effects of which are much more devastating than the problems which were subject of the claim. Since we have no definite prognosis (although the cause has been identified) should I now lodge a fresh claim because of the changed circumstances? I don't think there will be any difficulty in obtaining a fit note from the doctor now but I haven't yet even asked about that.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David