success at IB appeal but what now?

Cpt.Scarlet · 3 October 2011 at 9:10PM

debbie_doo wrote: »

thanks C.S. will get onto this first thing, can you please follow my next update if I get stuck lol, the form (if needed) has to be in by the 11th so not much time left to get it sorted, do you have any tips on how to approach this with a CSM? I just have a feeling that they may just say the same thing again - fill it in - end of!! Obviously I don't want to get into a situation where the form is not returned and then they stop his IB for that reason then! ha...... I'm ripping my !!!!in hair out here aye...

The ESA Transitional Regulations 2010, specifically exclude anybody who reaches State Retirement Age before 6/4/2014 from being subject to a transfer, what they are doing is illegal and would be overturned at a Tribunal. Make sure you get any decision in writing, whichever way they go.

clause 4.5(a)
No notice may be issued to any person who reaches pensionable age at any time before 6th April 2014

With regard the ESA, read the actual criteria, not what is written on the form, see http://www.legislation.gov.uk/uksi/2011/228/made/data.pdf

and how they will assess him, see www.dwp.gov.uk/docs/wca-handbook.pdf

debbie_doo · 3 October 2011 at 9:32PM

ok,

thanks again, I will repost when I've spoken to them tom, going to read up on your links now

forgot to say, as above - they were happy to confirm that he would not be part of the transfer and I got the feeling in the end they were just trying to get me off the phone and had a kind of 'oh just fill it in' blase attitude - they really couldn't see why I was creating such a 'fuss'. hmmm...

debbie_doo · 4 October 2011 at 11:17AM

WOW!!!...rung again this morning, spoke to someone completely different again as obviously the person you last spoke to has never worked there/left/on the sick/on holiday blah blah....

I advised I wanted to speak to a CSM (they were not keen to do this) and wanted me to explain why? so I did as above question the ESA50, this advisor had no clue to why I had been told previously that it needed to be filled in!! and secondly, why it had been sent in the first place!!!!

I am very annoyed by this point as time is runnning out here, they eventually agreed to get a CSM to complete a callback, left my details and waited.
Got a call about half hour later, not bad, and was advised that there is no way we should have been told to fill that form in based on success at appeal!! I'm sorry... what did you say? I could not believe what I was hearing! AGGHhhhhhhhhhhhhh... so had an explanation as to why it was sent, apparently fam member was getting ESA CREDITS whilst awaiting appeal date, we did not know this and had never applied for it, the form was sent to renew the ESA credit claim?? still with me lol...however, as appeal was successful and IB is to be reinstated this makes ESA50 null and void!! her exact words...'throw it in the bin'... OMG I can't believe the amount of hassle we have had since winning appeal!! I really hope that this is now the end of the matter!! fingers crossed lol, thankyou to everyone who replied to my questions esp Cap Scarlett x

Cpt.Scarlet · 4 October 2011 at 1:48PM

Glad it's sorted, but you need mAke sure you get this in writing, if they are't going to do so, write to them confirming the telephone conversation.

debbie_doo · 4 October 2011 at 2:55PM

she told me they have sent a letter confirming claim for esa credits has been closed as Ib is to be reinstated. I think I will put a letter in advising conversation as you said though - another good idea thankyou. I am feeling very relieved at the moment and am praying this is now the end of what has been a year of hell and stress - it has not been pretty watching my family member go through all this.

diceydeb · 8 November 2011 at 11:27PM

Omg debbie l have just read all through your bloggs, what a carry on, so glad you reached the light at the end of the tunnel ! You can certainly get more help and sense on here than trying to get through to the so called help lines. My hubi on incapacity and we are in full swing of an appeal at moment to do with lost tax credits and like you its a nightmare l could do without. Hope we get sorted like you did in the end.