ESA Appeal

waynew
waynew Community member Posts: 1 Listener
in Employment and Support Allowance (ESA)
hello everybody. im new here. i need some advice. i went to a pip appeal in sept 2017 and won the appeal for my severe depression and that the fact that i can't walk more then 40m without being in severe pain. i suffer lower back pain all the time and my movement is limited and mental health isn't good. anyways i been on esa for like 3 years without going to a medical. but i had a medical last month and the nurse that gave the medical stated i scored no points and from today i will got no money and a person from esa phoned me and told me this and i asked how can i get money from now on and was told to go on JSA. but im not fit for work and i will not sign something to say that and the fact that i would need taxis to get there is in possible. so i would like to know if i appeal would i be paid esa if i send sicknotes while waiting for appeal date?


Comments

  • debkenzo
    debkenzo Community member Posts: 110 Empowering
    Hi Waynew
    In my personal experience, if you were paid ESA on the Income related basis and have now lodged an appeal to a Tribunal then you should be paid at the assessment rate until your appeal is heard.  You will be back paid this assessment rate from the moment they stopped your ESA benefit until your appeal hearing. From then onwards it is up to the Judge what his decision will be on your future benefits.  Ring up your benefit office and ask them about this assessment rate payment.  My thoughts and best wishes are with you.  :)
  • poppy123456
    poppy123456 Community member Posts: 59,056 Championing
    @debkenzo waynew has to ask for a Mandatory Reconsideration first. As they have only just had the decision from the assessment then they won't be able to go back onto assessment rate for ESA until the Tribunal have accepted their appeal.

    Your first step is to ask for the MR and you have 1 month to request this. You'll need to put it in writing stating what you disagree with and which group you think you should be in and why. For the Support Group it's not about points but satisfying at least one of the descriptors, which are here.

    WRAG descriptors here
    There's also reg35 for Support Group and reg 29 for WRAG which are both special circumstances.

    It would be useful if you have a copy of the assessment report at this stage and also would be useful to know the reasons you were in the group you were in and why.

    It makes no difference that you claim PIP because they're both completely different benefits.

    In the meantime, the first thing you need to do is check what's in your area. If it's a full Universal credit area then it will be this you'll have to claim and not JSA. Pop your postcode into this link and it will tell you.

    If your area is a full UC and you claim this then you won't be able to go back onto assessment rate for ESA while waiting for your Tribunal.

  • [Deleted User]
    [Deleted User] Posts: 273 Empowering

    Hi Waynew

    Benefits are so complicated at present, and so you get all different versions of the same situation. 

    I agree with poppy123456 that you won't get any assessment rate ESA until your appeal is accepted at the Tribunal Service.

    In a full service universal credit (UC) area, you have to either wait for this date, or to claim UC now. You don't have an option to claim JSA pending the mandatory reconsideration, because that will break your ESA claim. 

    If you are able to wait for your next money until your appeal has been received (assuming that the mandatory reconsideration brings no change in the decision of course), then your ESA claim is continuous and so continues at the assessment rate pending appeal.

    If you win your appeal, you keep any premiums that you currently have that would not be paid to you in a universal credit claim (a single person's UC claim can work out at about £45 per week less than income-related ESA).

    I hope this helps. 

    Gill_Scope

  • babygirl123
    babygirl123 Community member Posts: 1 Listener
    hi, all  I am  new on here also,   I have got my hearing  in four weeks about my ESA,  It has been 8 months since I ask for it to go to tribunal. I had to go on JSA in September  after having  MR  saying the original decision has not changed and that I was fit for work. I ended being put on extended sick for thirteen weeks from Sept-Dec. I am still on JSA and I get the same money as I was getting on ESA  because  I get JSA and  money for being disabled.  Because I am going to appeal I do not have to look for work  I have a work coach at the job centre who e-mails me every couple of weeks. I am not looking forward to the appeal at all, it has been a very stressful time waiting for a date. I don't expect things to improve any time soon. I am not a positive person.  :( 

  • [Deleted User]
    [Deleted User] Posts: 273 Empowering
    Hi babygirl123

    Good to have you on board!

    There is some good information on our website about challenges to DWP decisions - it relates to PIP, but is equally relevant to an ESA decisions, in that you need to be aware of how the regulations work, to an extent, in order to be able to be sure of telling the tribunal panel what they need to know about your life to qualify you for the benefit. 

    If it might help, take a look at this:
    https://www.scope.org.uk/support/disabled-people/benefits/appeals

    Also, this factsheet from Disability Rights UK, which, at the bottom of the page, gives you a list of the descriptor points - so you can work out which points you should have scored. You might need to check all of Appendix 1,2,3 and 4.

    https://www.disabilityrightsuk.org/work-capability-assessment

    I hope that helps.

    Please call us on the Helpline if what I've written above doesn't help and you haven't had any help form a benefits caseworker. 

    Best wishes

    Gill_Scope
    Scope Helpline
    Tel: 0808 8003333

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