esa questions?

Lucylocket01

I'm still a bit confused with the esa rates and how it all works.

As I said I'm currently on IB. I'm paid every fornight. £216.10

I am in the process of filling in the esa50 questionaire. This is what I think happens next. But could someone come along and clarify I've got it right?
I send off the esa50 form.
I then get sent for a medical.(if they think I need one).
If I get put in the support group ?? (not sure how much I would be on)
Or I get in the work group (again not sure how much I would be on).
Or I get found fit to work and signed off. (if that happens, do I have the right to appeal?) I think I do. If I do appeal then am I right in thinking that whilst I am waiiting for the hearing I would be on £67.50?
Could someone clarify the whole porcess for me?
Thankyou Lucy

Lucylocket01

anyone..........

Muttleythefrog

Yes, it can seem a bit confusing and of course the transfer from IB to ESA is a one off process for which there is potentially added complexity.

ESA has a work capability assessment (WCA). This is what you'll be subjected to at this point and again in the future when re-assessed (assuming you get the benefit and remain on it). The ESA50 is the basis for the assessment and often will include a medical done by ATOS thereafter. When you return the ESA50 (plus any other evidence you think suitable) they should examine it and any other evidence available (or that they seek) to determine if they can make a decision without need for medical. Most people are required to attend medical.

ESA has three classifications... assessment rate (awarded to new claimants for first 13 weeks of claim.. but not applicable in your case as a transferring IB claimant), WRAG (awarded where limited capability for work is established in the WCA) and Support Group (awarded where limited capability for work related activity is established).

The descriptors giving rise to WRAG and Support Group in the WCA are in the following respectively:
http://www.tameside.gov.uk/esa/wca
http://www.tameside.gov.uk/esa/lcwra

Financial amounts are referred to here as is also reference to those transferring into ESA http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171896

You can appeal a WCA decision you disagree with and approaching half of those who carry through with an appeal, regarding decision to deny them ESA, overturn the decision at appeal. You should get assessment rate whilst waiting for appeal and you'll likely have to supply 'sicknotes' from doctor to get it. Should appeal be successful then any monies you should have been getting while appealing would be backdated.

Lucylocket01

so worst case senario I get turned down, then I can appeal.
If appealing I would receive £67.50 until the hearing. Providing that I can supply sick notes.
Have i got it right?
Appeal can take 6 mths to hear. Is that about right too?

Muttleythefrog

Lucylocket01 wrote: »

so worst case senario I get turned down, then I can appeal.
If appealing I would receive £67.50 until the hearing. Providing that I can supply sick notes.
Have i got it right?
Appeal can take 6 mths to hear. Is that about right too?

Yes I believe we've got it right. And appeals do seem to be subject to some significant delays meaning for many they can probably reapply (as there's normally a 6 month 'cooling period' between claims.. from date of being turned down) for the benefit straight after failing appeal..lol.

They are trying to cut down on appeals though by trying to be much more active in their automatic reconsideration process prior to sending papers tribunals service for appeal.

http://www.cpag.org.uk/welfarereform/incapacity_esa_transfer_factsheet.htm
This should be helpful to you.... and on the point of failing WCA search for "What if the WCA is failed?" section.
The following section is also important given your questions. "If ESA is awarded, how much can be awarded?"

Cpt.Scarlet

Lucylocket01 wrote: »

I'm still a bit confused with the esa rates and how it all works.

As I said I'm currently on IB. I'm paid every fornight. £216.10

I am in the process of filling in the esa50 questionaire. This is what I think happens next. But could someone come along and clarify I've got it right?
I send off the esa50 form.
I then get sent for a medical.(if they think I need one).
If I get put in the support group ?? (not sure how much I would be on)
Or I get in the work group (again not sure how much I would be on).
Or I get found fit to work and signed off. (if that happens, do I have the right to appeal?) I think I do. If I do appeal then am I right in thinking that whilst I am waiiting for the hearing I would be on £67.50?
Could someone clarify the whole porcess for me?
Thankyou Lucy

As you are being transferred from IB then you will be eligible for the Transitional Protection, this means, subject to you being successfully transferred, if your current IB payments are less than than the ESA payements you will receive the ESA rate, and if your IB payments are more than the ESA rate you will continue to receive the IB rate until the ESA payments carch up or until 2020.

Lucylocket01

Cpt.Scarlet wrote: »

As you are being transferred from IB then you will be eligible for the Transitional Protection, this means, subject to you being successfully transferred, if your current IB payments are less than than the ESA payements you will receive the ESA rate, and if your IB payments are more than the ESA rate you will continue to receive the IB rate until the ESA payments carch up or until 2020.

What happens if I fail the medical? What rate would I be on then? While I am appealing.

Muttleythefrog

Lucylocket01 wrote: »

What happens if I fail the medical? What rate would I be on then? While I am appealing.

"If they appeal against an actual failure of the ESA, they will be able to get ESA pending the appeal in the usual way (ie, at the assessment phase rate only). If they had an existing award of IB or SDA, they will be able to get contributory ESA pending the appeal without having to satisfy the national insurance contribution conditions. Alternatively they may claim JSA pending the appeal (ie, if they can satisfy the jobseeking conditions)."
http://www.cpag.org.uk/welfarereform/incapacity_esa_transfer_factsheet.htm

So likely £67.50