Advice needed on ESA

Tabby026

Hi,

I am currently appealing on my ESA claim to be placed in the work related group. If I eventually win my appeal does any money get backdated? Also if I was put into the support group contribution based would I be entitled to a severe disability premium and/or enhanced disability premium? or is that just for income related? Also would I need to be highest rate of care to qualify?

Would my husband and I be entitled to any other benefits:

husbands wage £1160pm
Ill health pension (me) £760pm
ESA current work related £204pm - reduction due to pension
DLA £298pm highest mobility/lowest care

If anyone could help/advise I would be grateful.

Many thanks

rogerblack

Do you mean that you have been placed in the work-related group, and are appealing this decision, because time-limiting has kicked in, or is about to do so, and you believe you may be eligible for the support group?

You cannot appeal a decision made over 13 months ago.
Or do you mean you've been found not to be entitled?

Tabby026

I was placed in the work related group in July 2012 and I am appealing against the decision, as I and my doctor think I should be in the support group.

I have cerebral palsy and complications of the muscle spasms mean I get really bad teeth clenching at night, this causes horrendous dizzy spells and nausea as well as tremendous pain and headaches.

Torry_Quine

Tabby026 wrote: »

I was placed in the work related group in July 2012 and I am appealing against the decision, as I and my doctor think I should be in the support group.

I have cerebral palsy and complications of the muscle spasms mean I get really bad teeth clenching at night, this causes horrendous dizzy spells and nausea as well as tremendous pain and headaches.

You have only one month from the date of the decision to appeal and you are outside that. Why didn't you appeal at the time? If you can show a good reason why you are applying late then it can be accepted in exceptional circumstances.

Tabby026

My appeal was sent within the month I am just waiting to hear the outcome.

Torry_Quine

Tabby026 wrote: »

My appeal was sent within the month I am just waiting to hear the outcome.

Have you recieved notification that it was recieved. I ask as when I called they had mis-laid mine and I had to re-send it.

Tabby026

Yes, they told me to ring after 4th Dec if I have not herd anything.

To reiterate my other questions if I was put into the support group (contribution based) would I be entitled to a severe disability premium and/or enhanced disability premium? or is that just for income related ESA? Also would I need to be highest rate of DLA care to qualify?

Would my husband and I be entitled to any other benefits?

epitome

If you win for the Support Group...Will there be money backdated?
The answer would entirely depend on what your current "unadjusted total" (UT) is now. If your UT is £105.05 or more now then there will be no backpayments. If it is less, then you will get backpayments to top you up to £105.05 from July '12

You won't get SDP whether on Conts on IR because you live with your partner (i.e. you are not living alone) Unless your partner is registered blind. You also won't get it because you are on low rate care. But in any event I believe it only applies to IR claims not Conts claims.

You may get EDP £14.80 if in the support group, and this would be back paid to July 2012

Tabby026

Thanks for your reply epitome. My weekly ESA is £51 is that my unadjusted total? They have taken off £48.15 a week because of my ill health retirement pension. Will I be entitled on any back payments based on this for ESA support group. I wish I was still able to work, cause they make you jump through hoops just to get a small bit of money. I know we are quite lucky in some respects and I would much rather have the love and support of my husband than be single. No wonder some people play the system the government haven't got a clue.

epitome

£51 is your "adjusted total" -if you like- , your UT is 51 + 48.15 = 99.15 So if you win the appeal you will get an extra 5.90 a week going back to July '12.

And possibly (probably) also another 14.80 a week EDP
Total 20.70 per week.