Help with esa appeal.

ME24

Hi hope someone can help i had my esa assesment form sent back with nil points saying iam no longer entitled to it, i suffer with arthritis and there are days when im ok others that i cant even get out of bed. Do i appeal against this and if so what happens with my benefit they have said that i will only recieve this till june then i have to claim JSA.
Any help will be gratefully appreciated.

[Deleted User]

appeal now,and if you can get some help with the appeal,cab,dial,welfare rights
i think you stay on the assessment rate until the appeal,BUT i`m fast losing track so could be wrong

rogerblack

Do you have significant savings, or a partner who works?
In this case, your benefit will stop at the end of June anyway (including the rate paid while appealing) unless you are placed in the support group.

jamespir

rogerblack wrote: »

Do you have significant savings, or a partner who works?
In this case, your benefit will stop at the end of June anyway (including the rate paid while appealing) unless you are placed in the support group.

they continue to pay the rate paid while appealing whilst the appeal is going on

you just have to ask them cause they wont tell you about it

jamespir

ME24 wrote: »

Hi hope someone can help i had my esa assesment form sent back with nil points saying iam no longer entitled to it, i suffer with arthritis and there are days when im ok others that i cant even get out of bed. Do i appeal against this and if so what happens with my benefit they have said that i will only recieve this till june then i have to claim JSA.
Any help will be gratefully appreciated.

yes appeal go to cab and see them to help you

while your appeal is ongoing you can get appeal rate benefit but its a lot less than normal youll have to ring esa and ask for this as they wont tell you about it and wont put you on it automatically

HB58

jamespir wrote: »

they continue to pay the rate paid while appealing whilst the appeal is going on

you just have to ask them cause they wont tell you about it

I think that this is mistaken. With the recent time-limiting of ESA, the basic rate will only be paid until the 365 days is up, then it will stop pending the appeal. I don't know what happens if the OP is entitled to income related ESA.

rogerblack

HB58 wrote: »

I think that this is mistaken. With the recent time-limiting of ESA, the basic rate will only be paid until the 365 days is up, then it will stop pending the appeal. I don't know what happens if the OP is entitled to income related ESA.

This is correct.
If the OP is entitled to income-related ESA, then they move from contributions-based to income-related, and any payments at the assessment rate during an appeal continue.

Only time in the work-related, or assessment phases counts towards the 365 days.

ME24

Thanks guys for all your replys, just a quick question i have phoned esa and requested a statement for reasons why i was turned down and a full copy of my face to face assesment, shall i wait for these to come before i send my appeal in? The lady on the phone said i will have my last payment in june when they recieve my appeal they will write to me to say they have got it then i will have to send in a medical certificate. Is it best to get help with cab i have until the 9th june to send my appeal in?

GEMGIRL67

I too suffer from arthritis and got nil points last August in my ESA medical. I went to the CAB for help with the appeals form and I had my tribunal last month, in April. I also failed the tribunal as they only gave me 12 points and the dr on the panel was very sarcastic with me, they didnt take into account how I am on my bad days. When my appeal was going through I was able to claim £135 a fortnight, but its just gone up a bit. Thats stopped now and I am unable to claim any benefit whatsoever.

Folar

ME24, as you only get a month (plus 2 weeks if asked for the SOR) I think it would be best to get your Appeal in as soon as possible. Do you have the letter whereby they told you you have failed? This should have a leaflet in it about Appealing. For now just write a letter stating you are Appealing and that you will write with full information when you have received your SOR and your ATOS medical report.

Good luck