transfering from ib to esa

liverpool34

Im currently being transfered from contribution based Ib to esa.if i fail and dont get esa and decide to appeal,will i be entilted to the assesment rate while i wait for appeal.if so how would i do this.
thanks in advance

Cpt.Scarlet

liverpool34 wrote: »

Im currently being transfered from contribution based Ib to esa.if i fail and dont get esa and decide to appeal,will i be entilted to the assesment rate while i wait for appeal.if so how would i do this.
thanks in advance

Yes you can claim the Assessment rate while waiting for your appeal to be heard.

If you have an adverse decision the decision letter will also contain a pamphlet on how to lodge an appeal and a GL24 appeal form.

KxMx

Do they include the GL24 forms now inside the decision letter?

I know it was several years ago when I had to appeal last but they didn't then, had to phone up for it.

sunnyone

Cpt.Scarlet wrote: »

Yes you can claim the Assessment rate while waiting for your appeal to be heard.

If you have an adverse decision the decision letter will also contain a pamphlet on how to lodge an appeal and a GL24 appeal form.

This is not what we have been told, if anyone on IB/IVB fails the medical we should recieve the same amount without deductions while waiting to appeal as any deduction would contravein our whasername rights.

Cpt.Scarlet

sunnyone wrote: »

This is not what we have been told, if anyone on IB/IVB fails the medical we should recieve the same amount without deductions while waiting to appeal as any deduction would contravein our whasername rights.

Sorry but this is not the case, it's no different from you be found fit for work on your existing IB claim, you would not continue to receive IB payments.

Cpt.Scarlet

KxMx wrote: »

Do they include the GL24 forms now inside the decision letter?

I know it was several years ago when I had to appeal last but they didn't then, had to phone up for it.

No you're right, it seems to vary, so you may need to download a copy of the GL24.

liverpool34

Cpt.Scarlet wrote: »

Sorry but this is not the case, it's no different from you be found fit for work on your existing IB claim, you would not continue to receive IB payments.

put as you said before you can claim the assesment rate of esa

Cpt.Scarlet

liverpool34 wrote: »

put as you said before you can claim the assesment rate of esa

Yes, you are entitled to the assessment rate while waiting for your appeal, providing you failed the medical due to lack of points rather than a technical infringement.

sunnyone

Cpt.Scarlet wrote: »

Sorry but this is not the case, it's no different from you be found fit for work on your existing IB claim, you would not continue to receive IB payments.

They have removed the backstop for failing IB medicals which was reduced rate IS while appealing, with the ESA changeover because we are entitled to transitional protection we will not get lower benefit payments than we get on the day we are transfered to ESA and so that will stay the same while appealing a failed medical.

The link is on this part of the board somewhere.

Cpt.Scarlet

sunnyone wrote: »

They have removed the backstop for failing IB medicals which was reduced rate IS while appealing, with the ESA changeover because we are entitled to transitional protection we will not get lower benefit payments than we get on the day we are transfered to ESA and so that will stay the same while appealing a failed medical.

The link is on this part of the board somewhere.

Whoever posted this info was mis-informed.

Transitional Protection is only available to IB claimants who are successfully transferred to ESA. If you fail the ESA medical, the Transitional Protection ceases, you can appeal, receiving the ESA assessment rate and if you win your case, the Transitional Protection will be backdated to the date of the decision.

Anubis_2

That is how I understand it too, everyone goes on assessment rate, and, if successful, then backpay is paid - relating to the transitional protection.