ESA help please about second medical

chatham_man

im wanting to find out some more information with regards to ESA i am currently in receipt of ESA and im in a work focused group

i have attended the RBLI twice and now they dont want to see me again and have attended the job centre once for a work focussed interview who dont want to see me until after i have had both operations on my back and im get fit again

i had a medical at ATOS last October which i failed and after requesting a review i then filled in the paper work to take the claim to tribunal and at the last minute was granted maximum points for the sections that i could get points for

this process took a long time and wasn't granted until Jan 2011 and of course was backdated, i then at the start of April 2011 got a new assessment form and was asked to attend another ATOS appointment which i have done, my concern now is that i am going to be rejected again and im going to have to go through the whole process again knowing full well i am going into hospital on the28th April 2011 for the first of 2 major back operations

i guess what i want to know is firstly can they make me go for a medical so shortly after i have been granted ESA and secondly if i get rejected again and have to fight it will this mean my money goes back down to the assessment amount during this time

and a third question i want to know i spoke to the ESA office as im on CB ESA and they advised me to fill in a ESA3 form which the helpful lady sent to me to be moved to IB ESA as i was turned down on a community care grant due to being on CB ESA but the first question on the form is what date do you want to be assessed from or what date did you circumstances change, well my circumstances haven't changed its been the same from the start just me and my daughter so now im confused

many thanks in advance

healy

chatham_man wrote: »

im wanting to find out some more information with regards to ESA i am currently in receipt of ESA and im in a work focused group

i have attended the RBLI twice and now they dont want to see me again and have attended the job centre once for a work focussed interview who dont want to see me until after i have had both operations on my back and im get fit again

i had a medical at ATOS last October which i failed and after requesting a review i then filled in the paper work to take the claim to tribunal and at the last minute was granted maximum points for the sections that i could get points for

this process took a long time and wasn't granted until Jan 2011 and of course was backdated, i then at the start of April 2011 got a new assessment form and was asked to attend another ATOS appointment which i have done, my concern now is that i am going to be rejected again and im going to have to go through the whole process again knowing full well i am going into hospital on the28th April 2011 for the first of 2 major back operations

i guess what i want to know is firstly can they make me go for a medical so shortly after i have been granted ESA and secondly if i get rejected again and have to fight it will this mean my money goes back down to the assessment amount during this time

and a third question i want to know i spoke to the ESA office as im on CB ESA and they advised me to fill in a ESA3 form which the helpful lady sent to me to be moved to IB ESA as i was turned down on a community care grant due to being on CB ESA but the first question on the form is what date do you want to be assessed from or what date did you circumstances change, well my circumstances haven't changed its been the same from the start just me and my daughter so now im confused

many thanks in advance

Yes they can send you for another medical so shortly after being awarded ESA. If you fail the medical you will be paid at the assessment rate if you appeal.

You cannot choose to claim income based ESA if you qualify for contribution based ESA.

Cpt.Scarlet

You cannot choose to claim income based ESA if you qualify for contribution based ESA.

Actually you can, providing that you meet the means test requirements. It's ESA(CB) that you can't choose to claim, you are either eligible or not.

chatham_man

im still a bit confussed at the moment i get ESA (CB) and have done for a year now, i also get child tax credit and child benefit and DLA motorability component

so should i fill this ESA3 form in or is it pointless

CountryGuy

healy wrote: »

Yes they can send you for another medical so shortly after being awarded ESA. If you fail the medical you will be paid at the assessment rate if you appeal.

You cannot choose to claim income based ESA if you qualify for contribution based ESA.

yes you can

NASA_2

I think what Healy is referring to is the fact that if ESA(C) and ESA(IR) are paid at the same rate that it will always be ESA(C) that is treated as being in payment.

So if the OP is entitled to £65.45 of both rates it will still be taken as being ESA(C) in payment.

Premiums will increase ESA(IR) to a higher rate.

chatham_man

well i dont have any saving or any other income so it would benefit me more by being on income based but if both rates are paid the same at £91.00 then how can i move across to income based as being on contribution based means im not entitled to the like of budgeting loans or community care grants which would help me out a lot

CountryGuy

chatham_man wrote: »

well i dont have any saving or any other income so it would benefit me more by being on income based but if both rates are paid the same at £91.00 then how can i move across to income based as being on contribution based means im not entitled to the like of budgeting loans or community care grants which would help me out a lot

Wait until your CB runs out then you will qualify for IB if your situation remains the same financially

healy

Cpt.Scarlet wrote: »

Actually you can, providing that you meet the means test requirements. It's ESA(CB) that you can't choose to claim, you are either eligible or not.

Only if you would get more with income based ESA.

healy

CountryGuy wrote: »

yes you can

Only if you would get more on income based - you cannot choose otherwise.

chatham_man

i was under the impression that CB ESA doesnt run out like JSA