Whats happens if you fail ESA medical

hoggle_2

Hi all,

Just wondering what you would all suggest.

What happens if you fail an ESA medical? Is it best to appeal or apply for income support instead? And if you were to go down the IS route how long will your application take?

And finally, how long after your medical will they tell you if you have failed??

I have to say I would be absolutely stunned if OH was turned down but then nothing surprises me after the stories you read on here!!

Thanks.

Mrs_Arcanum

Get a copy of your assessment ESA85/85a (ask for this as soon as you get your results) take this to the CAB then appeal straight away. You only have a month to appeal. There will be no such thing as income support any more and all you will get is JSA if you sign on regularly. If you are on HB and have no money coming in whatsoever put in a £0 earnings claim for HB for all the weeks you are penniless.

There are 2 types of ESA Support & Contribution. If you get put in the support group you are fine and have no need to appeal. If you are in the contribution group you may get a further ESA assessment - Work Capability Assessment. This will then look at what work you may be able to do. This payment lasts for a year maximum.

hoggle_2

So if there is no IS what are people expected to do? OH is in receipt of DLA, higher mobility and middle care, and I get carers allowance for him. What would we be expected to do then? He can't work and I am very limited as to what I can do because of caring for him and our two primary school children.

Tehya

hoggle wrote: »

So if there is no IS what are people expected to do? OH is in receipt of DLA, higher mobility and middle care, and I get carers allowance for him. What would we be expected to do then? He can't work and I am very limited as to what I can do because of caring for him and our two primary school children.

Hello,

If you get turned down the only thing, apart from starting a claim for JSA, is to appeal. During the appeal process you will receive the assessment rate of ESA, this process can take months to be completed.

healy

Mrs_Arcanum wrote: »

Get a copy of your assessment ESA85/85a (ask for this as soon as you get your results) take this to the CAB then appeal straight away. You only have a month to appeal. There will be no such thing as income support any more and all you will get is JSA if you sign on regularly. If you are on HB and have no money coming in whatsoever put in a £0 earnings claim for HB for all the weeks you are penniless.

There are 2 types of ESA Support & Contribution. If you get put in the support group you are fine and have no need to appeal. If you are in the contribution group you may get a further ESA assessment - Work Capability Assessment. This will then look at what work you may be able to do. This payment lasts for a year maximum.

I think you mean the Work Related Activity Group rather than the Contribution group.

rogerblack

Mrs_Arcanum wrote: »

There are 2 types of ESA Support & Contribution. If you get put in the support group you are fine and have no need to appeal. If you are in the contribution group you may get a further ESA assessment - Work Capability Assessment. This will then look at what work you may be able to do. This payment lasts for a year maximum.

There are (at least) 6 types of ESA.
Income and contribution based, and then the three rates (support, work-relate-activity group, assessment).

Contribution based is for those with enough contributions in the last years.
Income based is solely based on your income being low enough.

The three rates - work related, support, assessment - are then paid mostly similarly for people claiming either contribution or income based ESA.
The glaring difference is that for people in the work-related group, contribution based ESA is (will be?) time-limited to 12 months.

This means that if you're claiming contribution based ESA, living with a partner, who earns enough to take your household income out of the range of income-based, then you are not entitled to payments of ESA if you're in the work-related group of ESA for over 12 months.

(there are actually lots more than 6 sorts - for example, there is currently a reduced 'youth' rate of assessment rate for contributory ESA (that I understand is going away) seperate payment rates for polygamous households, as well as payments on interest for various allowable loans taken out, ... http://www.dwp.gov.uk/docs/dmgch44.pdf for all the gory detail)

MrsManda

Mrs_Arcanum wrote: »

There will be no such thing as income support any more

Why do you say that Income Support no longer exists?
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018708

allen35

Probably means relating to sickness