mrs

maureenbulman

I am on ESA and I am unable to work,my husband who is able to work(unemployed at the moment) is on my claim.I have been waiting for my appeal for 10 months now? It was supposed to have been heard July 2nd 2013(but the DWP did not submit all paperwork).Now it is due to be heard on 24th september 2013.

I have received a letter saying my Contribution Based ESA will run out on the 1st of September! My sick note runs out 30th september.

Will i need to claim another benefit on the 1st september,I have asked and asked but cant get a real answer.I have been told my appeal will fail and I will need to claim JSA,but why should this be if im unable to work through health problems(I was a senior care worker for the past 11 years and have numerous health problems),degenerative spine,fybromialga,arthritis in all my joints,raynards disease to name a few.

Im at my wits end now and we cant manage on what we get now. Please help!!!!!

Regards.

jacques_chirac

Who has told you your appeal will fail?

As your husband is on your claim, it sounds like you are also claiming income based ESA. This will continue until your appeal is heard. If your appeal is unsuccessful, you would be expected to claim JSA.

MidnightHour

Your claim should automatically migrate to income based ESA, ring them to make sure they have enough info to do this.

No one knows if you will win or lose your appeal so ignore them.

Torry_Quine

As said if your husband is on your claim then you must be getting an income based top-up so it will become solely income based. However when your husband gets work it's unlikely that you will still be eligible as his wage will be more than ESA.

maureenbulman

It was the worker from the C.A.B who is going to court with me that said I will lose my appeal.I appealed in november 2012,and since then my conditon has worsened from degenerative disc disorder,to all of the above mentioned health conditions now.He said this is because what I appealed against is different from my condition now.I have applied for P.I.P now.

jacques_chirac

maureenbulman wrote: »

It was the worker from the C.A.B who is going to court with me that said I will lose my appeal.I appealed in november 2012,and since then my conditon has worsened from degenerative disc disorder,to all of the above mentioned health conditions now.He said this is because what I appealed against is different from my condition now.I have applied for P.I.P now.

We can't comment on the merits of your appeal, but the CAB worker is correct - you must base your appeal on your condition at the time of the WCA. Anything that has happened since that time is largely irrelevant.

maureenbulman

I am on my wifes claim for ESA (income based),she will go on contribution based in september.She has an appeal hearing late september. I have the chance to go to work next week,does my wife just phone the DWP and get me taken off her claim and if so,what happens to her claim?? Please help.Thanking You in Advance.

Torry_Quine

maureenbulman wrote: »

I am on my wifes claim for ESA (income based),she will go on contribution based in september.She has an appeal hearing late september. I have the chance to go to work next week,does my wife just phone the DWP and get me taken off her claim and if so,what happens to her claim?? Please help.Thanking You in Advance.

Somewhat confused as I thought you were the wife.

To answer the question though. You can't go from income based to contribution based. If you start work then the likelihood is that you will earn more than the ESA for couples so she will no longer get ESA other than NI credits.

sleepless_saver

Her claim for PIP will be unaffected if you get the job, it's just the income based ESA that she would no longer get.

maureenbulman

Im confused now:o. my wife has put in for PIP, If she does get awarded PIP,what would she receive? And also,if I did start work would she still receive a PIP payment and what would it be.Thanking You.

maureenbulman

We receive £224 a fortnight at the minute,if my wife is awarded PIP and I do start work would this affect her PIP payment (what ever that amount is) ??.Thanking You.