so confussed need some help

stationairy

my brother currently has a brain injury as well as a leg disablement as well as having a rare condition which stops him from working also he is under court of protection.

now a few months back we got a form to fill in which i did on my brothers behalf and then we recieved a letter to state he was being moved on to esa and he had to attend a interview

now i was unable to go and a family member went with him (probally a mistake in hindsight) but they explained his disablements and the fact he has been told he can not work
now i have been told by the family member that the gent said i had to appeal

but i am confussed of what i am appealing as he is still get the same money he has always got it is just under a different name
i have tried to call the job centre but just keep either getting cut off or getting passed from pillar to post

any help is appreciated

caela_2

stationairy wrote: »

my brother currently has a brain injury as well as a leg disablement as well as having a rare condition which stops him from working also he is under court of protection.

now a few months back we got a form to fill in which i did on my brothers behalf and then we recieved a letter to state he was being moved on to esa and he had to attend a interview

now i was unable to go and a family member went with him (probally a mistake in hindsight) but they explained his disablements and the fact he has been told he can not work
now i have been told by the family member that the gent said i had to appeal

but i am confussed of what i am appealing as he is still get the same money he has always got it is just under a different name
i have tried to call the job centre but just keep either getting cut off or getting passed from pillar to post

any help is appreciated

Hiya,

Sorry to hear about this stressful situation. Job centre is pretty useless at times (they're very busy), have you tried the benefit enquiries? Also, when you say he had to appeal, was it because they turned down his ESA? Or are they saying you have to appeal the decision to move him to ESA from the previous benefit?

x

stationairy

caela wrote: »

Hiya,

Sorry to hear about this stressful situation. Job centre is pretty useless at times (they're very busy), have you tried the benefit enquiries? Also, when you say he had to appeal, was it because they turned down his ESA? Or are they saying you have to appeal the decision to move him to ESA from the previous benefit?

x

Thanks for reply
No he didn't get turned down he just got moved on to ESA
Which I believe is what replaces his other benifits ?
The reason they said to appeal is that he shouldn't have been in the work group but it wasn't a group it was a one to one

Am I just confusing things. I will be honest this is all a bit confusing
To me and the job centre are not making it clearer

He used to get
Disability living allowance and mobility
And income support and incapacity all higher rate

And now he gets disability living allowance and mobile
And ESA all still higher rate so his money is still pratically the same

It's just this group thing is this to try and get him into work
And this is what I have to appeal against as there is no way he can work like I say his brain injury is quite severe and then he has all his other issues

[Deleted User]

esa has two groups the work related actively group(when they think you will be at some point able to return to work with their help)or the support group(when a return to work is unlikely)
if hes been put in the WRAG then it sounds like he should be in the support group)this is what they are advising the appeal for

caela_2

woodbine wrote: »

esa has two groups the work related actively group(when they think you will be at some point able to return to work with their help)or the support group(when a return to work is unlikely)
if hes been put in the WRAG then it sounds like he should be in the support group)this is what they are advising the appeal for

This sounds about right. If they made a mistake, you shouldn't have to appeal surely they can just correct it? I would speak to citizens advice bureau or DIAL (disability information and advice line).

stationairy

that has cleared it up for me big thanks
do you know how i go about appealing this do i phone or do i need to fill in another form

caela_2

stationairy wrote: »

that has cleared it up for me big thanks
do you know how i go about appealing this do i phone or do i need to fill in another form

To be honest, I'm not entirely sure but I think you have to write in stating that you would like to appeal the decision to move to the work-centered group for the following reasons. Check if there is a deadline by which you can appeal, there usually is. There are a couple of potentially helpful sites: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0CFUQFjAC&url=http%3A%2F%2Fwww.dls.org.uk%2Fadvice%2Ffactsheet%2Fwelfare_benefits%2Femployment%2520support%2520allowance%2FEmployment%2520Support%2520Allowance%2520Appeal%2520%2520Decisions.pdf&ei=vkjvT_fmIc2g8gPW4YiZDQ&usg=AFQjCNGWHFalKl_uEHNoGWzqFeyNMyV7eg

and

http://www.adviceguide.org.uk/england/benefits_e/benefits_benefits_introduction_ew/problems_with_benefits_and_tax_credits.htm#appeal_against_the_decision

[Deleted User]

stationairy wrote: »

that has cleared it up for me big thanks
do you know how i go about appealing this do i phone or do i need to fill in another form

there is a month in which to appeal ask the BDC for the forms,GL24 from memory

bored_at_home

its important you do appeal. monetary wise, its 6pounds more a week when in the support group, but the big issue is 2 other things.

firstly theres nothing more depressing than going to work focussed interviews to prepare to return to work when you know its never gonna happen. i got changed from the support group to the work group about three weeks ago following a medical, i have a progressive disease and will not ever get better! i appealed last time round after being puit in the work group and got moved to the support group at tribunial, then after being recalled a couple of months later im back at square one in the work group! i have my first work interview at the jobcentre next week, if my reconsideration hasnt got the group changed back before then.

secondly you didnt say if your brother gets income related esa or contribution based esa. if he gets income related he will carry on being paid , but if eg he has a wife who works and so gets contribution based esa this is time limited to 12months from when it starts. after this time the benefit paid goes to zero unless in the support group where it would continue.