success at IB appeal but what now?

debbie_doo

hi there,

can anybody shed some light on the next move here please - I am currently helping a family member with this but an unsure what to do next, thanks for reading

Family member has been claiming IB for over 15 years due to an array of illnesses (prev worked fulltime for 30 years).

throughout this time they have had various DWP medical assesments which have all been ok.

UNTIL, last Oct when they had an atos medical and were immediately signed 'fit for work' and IB was stopped.

so, we appealed to DWP to re-consider decision which they rejected!

went to tribunal after waiting a year for a date!!! and we won! The judge has awarded all lost IB to be paid and the fam member can now go back on IB as they should never have been knocked off.

However, the DWP told them that IB is obsolete and they can only claim ESA? (which is means tested) and they do not qualify for this as have savings.

I know that they are in the process of changing ppl over to ESA and that you can't be a new claimant for IB but I also know people who are still on IB at the moment. are the DWP just trying to fob us off here? I asked the judge in the appeal about ESA at the time and he just said not to worry as we have awarded you the right to claim Incapacity Benefit!! confused.com

can anyone help with this? oh and they have also sent a new IB50 out to complete! which no doubt will leave my family member facing another medical in which they wil prob be signed off again! and round and round we go!

nannytone_2

there are 2 types of ESA, contribution based and income based.
everyone that claims IB is being migrated to ESA anyway.
the only problem being that ESA contributions based, will only be paid for 12 months.

debbie_doo

hi there,

thanks for your reply, I understand that they are migrating to ESA eventually but I am more concerned about why they are saying they cannot go back on IB at least for now anyway. DWP have said they cannot claim contribution based ESA as they don't have enough stamp and for income based you need less than 6k in savings (they have more). So where does that leave us? savings were not an issue when on IB as it is not a means tested benefit, the family member has not claimed any benefit at all while all this has been going on as they did not qualify for any due to having some savings, and I'm not talking thousands here...

nannytone_2

im not sure why they wont allow your relative back on IB, as I would have though that because it was an appeal, the same benefit should have been reinstated. I also thought that people going from IB to ESA would not have to satisfy the contributions part, as they were already entitled to the contributions based IB.

the only option for ESA purposes, is for your relative to live off their savings until they reach a level where they are able to claim income based ESA

Cpt.Scarlet

They're mucking you around. they're IB should be re-instated and any back payments made. Being transfered to ESA is an entirely seperate process.

NASA_2

The IB claim should be restored and then migrated to ESA when the time comes.

They should know this but it might take talking to someone of a higher level.

bobajob_1966

Unless there has been a reassessment in the meantime (unlikely), they should be put back on IB. I take it he did not make a fresh claim for ESA in the meantime?

With regard to the IB50, are you sure it isn't an ESA50?

(Three identical responses in a minute!)

debbie_doo

hi again everyone,

thanks for replying, I'm going to speak to them again and see what they say, there has not been a reassessment, they sent the new form just before the appeal date came through, and when my fam member rang them and asked them why they had sent it as he is waiting to get an appeal date, they told him that it has been sent 'incase' he wins the appeal! in which what they mean by that is they are going to do a reassesment as this has taken almost a year to ressolve now. He has not made a fresh claim for ESA.

re the form, I'm not 100% whether is IB50 or ESA50, he just told me it was the same form he'd been filling in for the past 15 years so I assumed it was IB50 but have not actually seen it. I am so annoyed and I'm trying to help him as best as can and after a year of stress and preparing his case etc, he wins and yet we're still fighting!! The DWP have basically lied to the both of us throughout all this...

Cpt.Scarlet

debbie_doo wrote: »

hi again everyone,

thanks for replying, I'm going to speak to them again and see what they say, there has not been a reassessment, they sent the new form just before the appeal date came through, and when my fam member rang them and asked them why they had sent it as he is waiting to get an appeal date, they told him that it has been sent 'incase' he wins the appeal! in which what they mean by that is they are going to do a reassesment as this has taken almost a year to ressolve now. He has not made a fresh claim for ESA.

re the form, I'm not 100% whether is IB50 or ESA50, he just told me it was the same form he'd been filling in for the past 15 years so I assumed it was IB50 but have not actually seen it. I am so annoyed and I'm trying to help him as best as can and after a year of stress and preparing his case etc, he wins and yet we're still fighting!! The DWP have basically lied to the both of us throughout all this...

If he has an assessment form then it will be an ESA50 as they are no longer doing IB asssessments. It sounds like they are transferring him immediately, he should get help from the CAB or Welfare Rights as the criteria for ESA are quite different from the IB ones he is used to.

cit_k

If you are getting housing benefit or LHA/council tax benefit, dont be suprised if they stop those due to you winning the appeal - they did with me.. Had to supply award letter/statements etc to get it re-instated.

debbie_doo

cpt. Scarlet,

do you think that the DWP can transfer him over regardless of the appeal decision then? as in, he'll get the back money in IB but on-going will be ESA? as stated above I don't think he can get ESA unless as prev poster said they base it on contibutions as IB was, also from what I gather ESA weekly payment is a lot less than his IB payment was so how does that work? I am still confused lol, but I want to make sure I know more about it before I ring them :-)