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Benifit

My esa was stopped after 52 weeks. For the last 16 months I have been in dialogue with the dwp. I'm no awaiting date for independent court tribunal. I have medical evidence from mri scans and letters from hospitals and gp stating my medical evidence for me not being able to work but dwp say I'm fit for work. Surely during this period I should have recived some benifit while awaiting court date. Would have thought that they should pay me job seekers if they state I'm fit to work untill the case is resolved. I can not apply for it as I'm the one who disagrees with there fit for work assessment. Any advice.

Comments

  • susan48
    susan48 Member Posts: 2,222 Disability Gamechanger
    @pigeon55,
    i would contact the Law centre or CAB as I’d have thought you’d be entitled to something.
    i maybe wrong but I’m sure I read on this site that esa has a tribunal rate.

    im not 100% sure but check DWP online it may help or call DWP 
  • tomm
    tomm Member Posts: 236 Pioneering
    You are normally entitled to ESA paid at the ASSESSMENT rate from the point where HMCTS have  accepted your application and the DWP have updated their systems to reflect this, and you having also provided a new  fit note that covers you from when your ESA payments ceased (if you have not claimed JSA ectsince then)  or from the day the last JSA payment made covers you upto, (unless you have a sanction for JSA)  as they will still pay ESA for that sanctioned period too
    there are a couple of exceptions
    Were if you have failed a WCA and a tribunal hearing related to it,  then claimed again for significant worsening or a new condition , and then again failed at WCA , this would mean that after MR you would not be entitled to ESA at the ASSESSMENT  rate until tribunal hearing , due to the changes brought in a couple years back ( for persecution purposes IMO)
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Good luck. I lose ESA and had to take myself online to job seekers allowance as it’s not automatic. Luckily for me I have a compassionate advisor who has me on minimum availability for work hours. It’s still really hard but 2 years on I’m doing 6 hours per week plus Jobseeker’s Allowance. I couldn’t go any further after tribunal as my cab advisor didn’t tell me I could go to upper tribunal and I ran out of time. By then I was exhausted.
  • poppy123456
    poppy123456 Member Posts: 23,770 Disability Gamechanger
    If your ESA stopped after 52 weeks this tells me you were claiming Contribution based ESA. This is time limited to 365 days unless you're placed into the Support Group. If you were claiming CB ESA to be eligible for Income Related will depend on house hold income. If you have a partner that works then you will need to be placed into the Support Group at Tribunal, if this happens your money will be backdated to the date it stopped.
  • pigeon55
    pigeon55 Member Posts: 116 Courageous
    Yes I was on contribution based esa. So mine stopped after 365 days. I was told by advisor that I should get a reduced rate while awaiting court date. So I rang the dwp to be told that they would only reinstate my stamp contribution as I was in the Wrag group. I think this is unfair after 14 months of no income. It's not my fault it is taking time especially as my medical evidence points to me being unable
    bless to work.
  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    Hi pigeon55

    Good luck with your appeal.  Have you clearly stated in your appeal paperwork, preferably in the appeal, why you believe that you satisfy either one of the descriptors for being in the support group, or the alternative conditions (Regulation 35, for example, there's a substantial risk to your health if you undertake any work-related activity)?

    In case you haven't seen these already, do have a look at the information in the leaflet published by  the Law for Life on www.advicenow.org.uk - How to Win a PIP Appeal, and also the definitions of terms in www.pipinfo.net.

    Best wishes

    Gill_Scope


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