Incapacity benefit, esa assessment!

blondee55

I am on IB long term after a back operation went wrong, I now have to attend a medical assessment at ATOS because of the new ESA benefit. If they pass me fit to work what happens with my benefits (sorry if that is a dumb question) I know I have the right to appeal but I was wondering what happens if an appeal fails.

nannytone_2

if an appeal failed, then you could either try again to claim ESA or sign on for JSA.

andrea_louise

Check the descriptors for ESA, you need at least 15 points to get into the WRAG group, and there are certain criteria, which, if met, enable you to get into the support group.

blondee55

Thank you both for your replies:) If I may ask what is the WRAG group and support group?

G51shopaholic

Work
Related
Activite
Group

If your deemed fit to work you need to claim JSA (Job Seeker Allowance).

If your deemed to have a disability that affects your ability to work you go into the WRAG (Work Related Activity Group) where you get help finding work.

ESA Support Group - you get left alone to get on with things unless you ask them to help you find work.

nannytone_2

the WRAG group is for people that are deemed to have some capability for work.
the Support groups is for those deemed unfit for any work. ( only 7% of claimants get into the support group ... so unless you are so disabled/sick that you cant even wipe your own bum, dont even think about it!)

rogerblack

If the appeal fails, then you can reapply for ESA - but only if it's been 6 months since the last determination of your ability.
So, if the tribunal takes over 6 months, you can apply straight away.

KxMx

If you get put into the WRAG then that is time limited to 12 months to have the benefit paid. After which they assess you for Income Based ESA.

blondee55

Sorry to appear thick:o but if I don`t qualify according to this assessment will I lose the benefits completely.

cit_k

nannytone wrote: »

if an appeal failed, then you could either try again to claim ESA or sign on for JSA.

Or, if the tribunal made an error in law, you can apply to appeal the appeal.

However, whilst it does happen, its not common place, so dont bank on that option, and you would need professional advice if you went that route.

nannytone_2

you would lose your incapacity benefit.

but as roger black already said ...if you appeal any failed assessment and appeal, you would be paid the assessment rate whilst waiting for the ppeal to be heard.
if the appeal is unsuccessful and 6 months has elapsed since the initial refusal, you can try to claim ESA again.

If you apply and get refused and then appeal and get refused and decide not to reapply again .. you would be entitled to JSA as long as you actively seek employment.

all of the above depends on household income too. if you have a partner that works, any entitlement would drop according to income.
cb ESA only lasts for a year if in the WRAG, though continues if in the support group.