Incapacity benefit, esa assessment!

bikeit

Anyone offer any help please?

Mojisola

Very difficult. Could the lady from the CAB give you notes on what to do/say and you go with your OH instead?

bikeit

The other half went to see the lady from the CAB this morning to try and get something sorted, she sat there 2.5 hours only to be told sorry K**** cannot see you today as she is extremely busy.

Mojisola

We've found our local advice services are starting to be overwhelmed by the demands for their help.

Ours couldn't provide anyone to go with my son to his tribunal. I went with him but the judge and the doctor were very unwilling to let me speak even though one of his problems is cognitive disfunction so that he was unable to fully answer their questions. I don't know whether they would have allowed an official rep to intervene more.

bikeit

Update;
The CAB have just ran to say their Representative can go to the appeal on Thursday with my wife, great news,
what happens on Thursday if the wife is unsuccessful with this appeal?

Torry_Quine

bikeit wrote: »

Update;
The CAB have just ran to say their Representative can go to the appeal on Thursday with my wife, great news,
what happens on Thursday if the wife is unsuccessful with this appeal?

If unsuccessful then she can only appeal to the tribunal on a point of law. If six months have passsed since the original decision then a new application can be made.

bikeit

Can you explain what you mean by "on a point of law" they made their decision on the 6th July 2012.
If she makes a new application will she still receive any money?

Torry_Quine

bikeit wrote: »

Can you explain what you mean by "on a point of law" they made their decision on the 6th July 2012.
If she makes a new application will she still receive any money?

You can only appeal if you can show that they incorrectly applied the law not just that you disagree with the decision.

If she is supported with fit-notes from her GP then she would get the assesment rate until beig assessed with the ESA 50 form which you know well! This supposes she has the necessary NI contributions or can et income based.

mandiskem

this might help http://blacktrianglecampaign.org/2012/11/16/important-how-to-gain-exemption-from-dwpatos-fit-for-work-wrag-decisions-by-applying-esa-regulations-29-and-35-new-campaign-by-black-triangle-dpac/

bikeit

The wife had her appeal hearing today she was extremely nervous and never slept last night, she went with the CAB Representative and my self, it lasted about 3/4 of an hour, the judge and the doctor asked the wife an awful amount of questions covering everything you could imagine, then they asked the CAB Representative if she wanted to add or ask any thing, she was very good at this, after she was finished the judge asked me if i would like to ask or add anything to the hearing i asked a few questions and added a few things that i felt the wife should have told them, so its now a waiting game to see what the out come will be. fingers crossed.