Employment and Support Allowance (ESA)
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Upper tier Esa advice please

serenity2018serenity2018 Member Posts: 3 Listener
Hi all, 

I have no no idea where I should put this so please excuse my ignorance. 

I have been on esa support group and pip for nearly 15 years due to severe epilepsy, Crohn’s disease and agoraphobia amongst other things 

i had had my ‘check up assessment’ a while ago and was told I’m fit for work, what a joke.. I’m incontinent numerous times a day for a start, and have seizures all the time.

Anyway I’ve been through the whole procedure right up to Teir one, the judge and doctor said I’d won my case and then put me in wrag! not the support group so iam now appealing to teir 2 as I wasn’t given the chance to speak apart from my name address and a couple of probing questions - they then recommended I would have significant difficulty returning to work. - since this I have also been diagnosed with severe depression, anxiety of which I’m now on more medication and attend cbt 

But out I have two questions 

1 I have been waiting for the judges mandatory reconsideration now for nearly 8 weeks is this within the scope of when I should hear back? 

2 I’ve been told because I’m no longer in support group my esa will only be paid until January next year- can I reapply in January? Or is that it!

im so sorry if this can’t be answered but I am at my wits end, i don’t know who else to ask, I live very rural so we have no citizens advice in our town or village, nowhere I can ask advice and the constant calls to esa have proved useless, I honestly believe sometimes even they have problems working all this out! but I have a carer comes in to help me .. this is what I use my esa for, so after January I will no longer be able to pay her .. my husband unfortunately works away a lot of the week so as you can imagine I’m in desperate need of some advice if anyone can help I’d be very appreciative 

Thankyou so much in advance 


Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You can only appeal to UTT on error in law. There's no timescales to how long it will take for the UTT to decide. This link will give you more information.

    ESA contributions based is paid for 365 days unless you're placed into the Support Group. As you live with a partner that works then you won't be entitled to Income Related ESA when your Contributions based ends in January. You won't be able to re-apply because claiming again means you will need to have paid enough NI Contributions from working in the 2 years prior to your claim. As you've been claiming ESA then you won't qualify.

    Do you claim PIP or DLA? It's now PIP for new claims but it's not means tested and living with a partner that works doesn't make a difference to claiming this benefit.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • serenity2018serenity2018 Member Posts: 3 Listener
    Thankyou for your reply Poppy. It wasn’t what I wanted to hear but thanks all the same. A straight answer at last. 

    I do get PIP yes, but I, for some reason was entitled to mobility but not daily living! which surprised me and I still can’t figure it out 

    So I guess after January I just have to look after myself then 😒 somehow .. 
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Welcome to the community, @serenity2018!

    Glad to see the above advice from Poppy was helpful. Whilst it wouldn't solve everything, you may like to have a look at this list of extra money and help PIP entitles you to.
  • serenity2018serenity2018 Member Posts: 3 Listener
    Thanks pippa 
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