Atos

cit_k

HB58 wrote: »

Then it sounds as if your only option is to appeal.

Edit - Sorry, Oscar, I have just seen your comment on another thread. I had not realised that when you said '2nd assessment' you meant appeal tribunal. I'm afraid that, if the tribunal found against you, you are almost out of options. You could appeal again only if there was an 'error of law' with the 1st tribunal. This is not straightforward and you really need advice from a benfits adviser. You cannot appeal just because you do not agree with the tribunal's decision. The only other thing you could do is start an ESA claim process all over again.

If you go the appealling an appeal route, be advised it can take a long time, I did it with an IB case and it took an extra year on top of the year I had already waited for the first appeal.

Im not sure also what current legislation is re being paid benefits whilst appealing an appeal.

WIth IB, you could claim reduced rate income support during your first appeal, but were not allowed to claim that whilst appealing an appeal.

So check with a benefits advisor if you are thinking of appealing the appeal (which as stated can only be done in limited circumstances anyway).

Alternatively re-claim esa if condition has deteriorated, or its been more than 6 months since the original decision.

HB58

You are not entitled to any money while awaiting a 2nd tier appeal result.

cit_k

HB58 wrote: »

You are not entitled to any money while awaiting a 2nd tier appeal result.

Although by that point, I would assume you could put in a new claim for esa, whilst appealing the old claim, or do they not allow that either.

With my IB case, we had to live of crisis loans for ages, until a decision maker told me I could put in a ESA claim, which would keep us going whilst the 2nd tier tribunal process was ongoing.

Ellejmorgan

UPDATE ..been told today i'm staying in the WRAG..

Brassedoff

Ellejmorgan wrote: »

I got a taxi to assessment as paid for it myself, he discussed driving with me, I only drive the kids to school which is 2 miles away..I didn't drive for a year but started again in Feb after a steroid injection, but still need the op..

My daughter looked after the baby during medical, but i have thought of that, because i'm a lone parent they could put me on IS..
Thing is IS is less money and i'm not getting DLA as can't fill in the paperwork aDs can't write properly..
DLA was LC but ran out in Nov, LC was just for lower back as didn't have neck problems when was awarded..

If you cannot fill the paperwork in because of the reason you gave the CAB can help and do it.

Just a quick question, if you cannot write, how do you type?

Ellejmorgan

Brassedoff wrote: »

If you cannot fill the paperwork in because of the reason you gave the CAB can help and do it.

Just a quick question, if you cannot write, how do you type?

It's a different movement typing to gripping a pen, and my posts are usually quite short..my thumb and index are permantly numb..

Will try CAB otherwise it will have to be done by an 11 year old..