ESA Appeal Rate Qualification

[debade]

Hi Can anyone help please, my partner was migrated on to ESA from long term IB unbenown to us this was contributory based ESA, this ran out end March on 03.04.13 he went for his ATOS medical and we recieved a letter 5 weeks later saying he failed (0 points) we imediately sent in an appeal form GL24 along with sick notes as advised, We have eventually after numerous calls all with different stories been advised by DWP that the appeal has been accepted but he will not receive any money(ie appeal rate) as he has used all his contributory ESA and is not entitled to Income based. He was also advised that he will only receive any money if a Tribunal upholds his appeal which could take upto 18 months. Is this correct as it is so unfair? we are so confused.

[seriouslyfedup]

Think everyone who moved form IB to EA is autoamatically put onto CB based ESA. If your partner was put into the WRAG group, ESA CB is only paid for 365 days. ESA CB Support Group ois paid for as long as you pass the assessments. This change was made in April 2012, when the governemtn decided partners would be expected to fiancially support each other. So ESA is different from IB which was paid indefinitely.

After 365 days, it can continue only as means tested ESA if you are eligible for it .Is the DWP correct in saying you're not eligible for claiming ESA income based? Would depend on whether you work more than 24 hours or so or have any other form of income , say a pension. If you think you are eligible for means tested ESA, contact the DWP and ask them to send you an ESA3 form which is used tor evaluate your household income for means tested ESA.

If not eligible for means tested ESA AFAIK , the only way for his ESA to start being paid again would be to get an appeal Tribunal decision which awards him him Support Group ESA. In which case his ESA will restart. If he's placed in the WRAG group at the Tribunal appeal , he won't be paid ESA , but will receive Ni conts only towards his pension..

Have a look at the ESA Support Group Descriptors and see if he meets any of them. Then base your appeal around that.

How long is it since your partner last worked?.

[wobble1]

Think everyone who moved form IB to EA is autoamatically put onto CB based ESA. If your partner was put into the WRAG group, ESA CB is only paid for 365 days. ESA CB Support Group ois paid for as long as you pass the assessments. This change was made in April 2012, when the governemtn decided partners would be expected to fiancially support each other. So ESA is different from IB which was paid indefinitely.

After 365 days, it can continue only as means tested ESA if you are eligible for it .Is the DWP correct in saying you're not eligible for claiming ESA income based? Would depend on whether you work more than 24 hours or so or have any other form of income , say a pension. If you think you are eligible for means tested ESA, contact the DWP and ask them to send you an ESA3 form which is used tor evaluate your household income for means tested ESA.

If not eligible for means tested ESA AFAIK , the only way for his ESA to start being paid again would be to get an appeal Tribunal decision which awards him him Support Group ESA. In which case his ESA will restart. If he's placed in the WRAG group at the Tribunal appeal , he won't be paid ESA , but will receive Ni conts only towards his pension..

Have a look at the ESA Support Group Descriptors and see if he meets any of them. Then base your appeal around that.

How long is it since your partner last worked?.

That's a comprehensive summary.
I would only add, what is it you are appealling exactly? You can't appeal CBESA ending unless he was in support group.

[debade]

Hi thanks for your explanation, lt is the first time we have actually understood anything properly,

My partner was retired through ill heath by the NHS in April 2008 (aged 38 ) and was awarded a small NHS tier 2 pension which is why he can not get income based ESA.

[debade]

Hi We are appealing not being awarded any points and not being put in any group despite my partner haveing been pensioned off at the age of 38 due to the debilitating and degenerative spine condition he has.

If we had known that it was only CB ESA when migrated we would have appealed then but we were not told until it was due to run out.

[Maureen]

[QUOTE=Have a look at the ESA Support Group Descriptors and see if he meets any of them. [/QUOTE]

Sorry to butt in but where can I find these please ?

[Jard]

Hi We are appealing not being awarded any points and not being put in any group despite my partner haveing been pensioned off at the age of 38 due to the debilitating and degenerative spine condition he has.

If we had known that it was only CB ESA when migrated we would have appealed then but we were not told until it was due to run out.

You could have applied at that time under the 13month exceptional circumstances rule. you're only route now is to follow that solid advice provided by seriouslyfedup.

[seriouslyfedup]

Hi We are appealing not being awarded any points and not being put in any group despite my partner haveing been pensioned off at the age of 38 due to the debilitating and degenerative spine condition he has.
.

Even if he'd passed, but been put in the WRAG group again, he still wouldn't receive any ESA payment. If appealing you need to aim for Support Group placement. You could check any other benefit help you may be eligible for on www.turn2us.org.uk

Maureen I'm hopeless at inserting links, a quick google of ESA Support Group descriptors should give info you're looking for.

[wobble1]

Even if he'd passed, but been put in the WRAG group again, he still wouldn't receive any ESA payment. If appealing you need to aim for Support Group placement. You could check any other benefit help you may be eligible for on www.turn2us.org.uk

SF is on the money again.
The only point I can see in your favour is if you can prove you didn't receive any notification from them that he was on CBESA for 1 year in WRAG. If they have a copy of that letter on file though you will be stumped.
As said, SG is your only hope and possibly any DLA (or PIP).

[debade]

[QUOTE=seriouslyfedup;38250]Even if he'd passed, but been put in the WRAG group again, he still wouldn't receive any ESA payment. If appealing you need to aim for Support Group placement. You could check any other benefit help you may be eligible for on www.turn2us.org.uk

Hi Seriouslyfedup Thanks I will find out the Support Group descriptors and study them, and thanks for the link to turn2us I had not heard of it before, once again your very helpfull advice is much appreciated.