Esa

lastmel

Hi all
I had my letter today (after my medical ) saying that i am being put on employment and support allowance,instead of the incapacity benefit i was on.Apparently i am entitled to contribution based ESA and it can only be paid for a maximum of 365 days.
What happens after the 365 days? do you have to be recessed again ? I cant imagine that i would be fit for work ,even after another 12 months.(I haven't been able to work for a few years )
Do i just except it and worry about it further down the line or do i appeal now ?Does anyone know the procedure? I'm sorry to ask ,especially when i know some people haven't been awarded any benefit and are appealing ,it may seem I'm ungrateful ,but I need advise on whether to act now or not ?
many thanks

Muttleythefrog

Have you been placed in the WRAG (as opposed to Support group) of ESA? Probably yes.

ESA can be income related or contribution based and ESA has two main phase groups WRAG and Support. Income related ESA is paid indefinitely regardless of which group you are in, but contribution based ESA has now got a 365 day payment limit regarding the WRAG. If you're in the WRAG for 365 days then you could qualify for Income related ESA instead... that would require a simple means testing (working partner, savings ? etc)

Regardless of which group you are placed in and regardless of whether the ESA is contrib based or Income related (or a bit of both) you are subject to regular reassessment on ESA via the Work Capability Assessment. You may be reassessed before the 12 months are up - the best way to find out is to look at prognosis in the ATOS HC medical report which you can request a copy of from the DWP.. it is an ESA85 report.

If you think you should qualify for the Support Group (the descriptors... the criteria is widely available) it may be worth appealing the presumed WRAG decision... this carries some risk of being found 'fit for work'. The motivation to appeal a WRAG decision naturally increases if one would not be entitled to income related ESA. If you do want to appeal then you'll get 4 weeks (normally) from this letter you've received in order to do so to the DWP in writing (or using a GL24 form).

vvvvvvvvvvvvvvvv

After 12 month your ESA will stop and you will be told you have to sign on for jobseekers allowance.You could appeal their decision as it is now though.

These forums has a lot of info and advice

http://dwpexamination.org/

http://www.benefitsandwork.co.uk/forum

lastmel

thanks for the info,i will have to have a look.my hubby works ,but only just above minimum wage .

smileytiger

vvvvvvvvvvvvvvvv wrote: »

After 12 month your ESA will stop and you will be told you have to sign on for jobseekers allowance.You could appeal their decision as it is now though.

These forums has a lot of info and advice

http://dwpexamination.org/

http://www.benefitsandwork.co.uk/forum

Not everyone can sign on for JSA - my OH is still not well enought to work - and is still on ESA unpaid ( i work FT) to get his NI stamp as it were.

vvvvvvvvvvvvvvvv

smileytiger wrote: »

Not everyone can sign on for JSA - my OH is still not well enought to work - and is still on ESA unpaid ( i work FT) to get his NI stamp as it were.

How long after having 12 month's on WRAG can you re-apply for ESA?

Muttleythefrog

vvvvvvvvvvvvvvvv wrote: »

How long after having 12 month's on WRAG can you re-apply for ESA?

I understand that you can continue the claim as income related ESA and get £0 award (as you fail the means testing) but still get NI contribs... for some people that may be worthwhile but they'll have to continue to qualify for ESA in terms of passing the WCA at reassessments.

vvvvvvvvvvvvvvvv

Muttleythefrog wrote: »

I understand that you can continue the claim as income related ESA and get £0 award (as you fail the means testing) but still get NI contribs... for some people that may be worthwhile but they'll have to continue to qualify for ESA in terms of passing the WCA at reassessments.

cheers

What i mean is this,if your on ESA and getting just your NI stamp or even on ESA(WRAG), when can you re-apply to go on ESA( to try and get on support group) because your condition has worsened to a degree that you(or your doctor) deem it so?

smileytiger

This is the reason we kept his claim open - to pay his NI & if for any reason i lost my job he would get his payments re instated as i understand it.
And also they have based his DLA (he gets HRM) on his ATOS ESA assesments - which has meant we haven't had to have 2 sets of medicals as each one is a 40 mile round trip.

I think it's 6 months between claims - but it depends on what qualifying NI conts you have. OH hasn't worked since Feb 2010 so hasn't any to make a new claim i think - to be honest it's all greek to me!

vvvvvvvvvvvvvvvv

smileytiger wrote: »

This is the reason we kept his claim open - to pay his NI & if for any reason i lost my job he would get his payments re instated as i understand it.
And also they have based his DLA (he gets HRM) on his ATOS ESA assesments - which has meant we haven't had to have 2 sets of medicals as each one is a 40 mile round trip.

He would'nt get them re-instated though,not without a medical saying he is ill enough to be put into the support group which is paid forever(no 12 month limit and is'nt mean tested) or until you have another assessment.

smileytiger

ESA income based WRAG is mean tested not time limited - its only the ESA conts based that's limited to 12 months - so if i wasn't earning/ or on a really low wage he'd get paid - or so we were told at Jobcentre.
He only doesn't get paid because i earn too much for the means testing