ESA Question

susan42

Thanks in advance for any input

The facts: Person was on contribution based ESA, currently coming up to 365 days so was told he couldnt have any money.

He has over £16,000 from sale of his home

So although I know he cant claim anything

He appealed as soon as they told him he was in ESA as medical was a waste of time , doctor did`t even examine him, we wont go there!!

My question is as its a year since he appealed how long does it take?
He will be left with no income, until appeal gets heard and will be using his house sale money.

its not about the money so much as there are lots of people worse off.

It`s more about how long do appeals take.

Torry_Quine

susan42 wrote: »

Thanks in advance for any input

The facts: Person was on contribution based ESA, currently coming up to 365 days so was told he couldnt have any money.

He has over £16,000 from sale of his home

So although I know he cant claim anything

He appealed as soon as they told him he was in ESA as medical was a waste of time , doctor did`t even examine him, we wont go there!!

My question is as its a year since he appealed how long does it take?
He will be left with no income, until appeal gets heard and will be using his house sale money.

its not about the money so much as there are lots of people worse off.

It`s more about how long do appeals take.

I presume he's appealling to get into the support group where his payments will continue. It can take a while mine was 10 months.When his money go below £16,000 then he would get some income based ESA on a sliding scale and if under £6,000 will get it in full. If he does get into support group money will be back-dated.

susan42

Thank you for replying

He is appealing to get in the support group> hes in a wheelchair and cant move his left arm, has 20% movement. that's to go with his other problems

But yes he is trying to get in the support group. Cant see him getting a job, he would have to take his carer with him if he got a job

Do you think he should phone up and ask whats happened to his appeal. I know he sends updated letters from the 5 hospitals he goes too

epitome

Has he received a letter & bundle of documents to say that the appeal has been forwarded to the appeals tribunal service?

If yes, then phone up the tribunals service in your area, HMCTS, to ask when his hearing will be. If you can't find the number try phoning your local magistrates courts for the phone number.

If no, then phone DWP to ask for a callback from appeals team to say why the reconsideration is taking so long.

Generally appeals are heard at tribunal within 13 - 14 months but 18 months is not unheard of.

I assume he is in WRAG?

Was he transferred from Incapacity Benefit or was it a fresh claim to ESA in 2012?

susan42

No he hasn't received a bundle to goto tribunals

He was put on ESA contribution based . Not sure what wrag is he was transferred from incapacity after breaking his back years ago in an accident.

I will tell him to phone dwp and ask why it's taking so long

Thank you so much for replying though it was very good of you

epitome

Did he fail or pass the medical?

If he failed, he is getting £71 per week

If he passed, he is getting or has been getting the same rate he got on IB and that means he is in WRAG.

He could buy a new home to live in with his savings? and thus qualify for ESA IR.

susan42

He failed . The doctor didn't examine him, I was there.

And he can't afford to keep a home if he bought one with £16000 as that was the problem he had before. The boiler went and he couldn't afford the maintenance , gas , elec etc . He's hoping to rent a room somewhere

Torry_Quine

susan42 wrote: »

No he hasn't received a bundle to goto tribunals

He was put on ESA contribution based . Not sure what wrag is he was transferred from incapacity after breaking his back years ago in an accident.

I will tell him to phone dwp and ask why it's taking so long

Thank you so much for replying though it was very good of you

.
As he's been told that his contribution based will run out he must be either in the assesement phase, WRAG or appealling.

Are you saying that he gor less than the necessary 15 points when assessed and that's what the appeal is?

They first re-consider the decison before sending out the papers for tribunal.

epitome

As soon as his savings are below £16.000 he will be eligible to small amount of ESA, although he has to keep records of what he spends it on and only spends it on neccesary items. as there are rules about spending it frivolously. Some people here have said that a "not too extravagant holiday" was allowed by their decision makers.

Perhaps a car would be allowed? Ask here for advice on spending the money or in C.A.B. office.

susan42

He got 0 points . I didn't think that was possible. He and the atos bloke didn't hit it off.

He asked him to get out of wheelchair on his own and get on bed. He has a carer as he's ill. He has lots if medical problems. He can't move the wheelchair himself as to problems with arm.

He only asked could the bed be lowered , and could he be helped by the carer. The atos bloke said don't bother. And that was the end of the interview. About 8 minutes in all.

So he appealed and is waiting further details , which is coming upto a year.

He asked cab about 'spending money' and he is afraid as he wants to use it for living expenses and food. They have referred him to a food bank though for some food

Torry_Quine

susan42 wrote: »

He got 0 points . I didn't think that was possible. He and the atos bloke didn't hit it off.

He asked him to get out of wheelchair on his own and get on bed. He has a carer as he's ill. He has lots if medical problems. He can't move the wheelchair himself as to problems with arm.

He only asked could the bed be lowered , and could he be helped by the carer. The atos bloke said don't bother. And that was the end of the interview. About 8 minutes in all.

So he appealed and is waiting further details , which is coming upto a year.

He asked cab about 'spending money' and he is afraid as he wants to use it for living expenses and food. They have referred him to a food bank though for some food

So he's appealling to get ESA at all. To be honest although it's possible to go from 0 points to support group it's not very usual and neding a carer doesn't in itself mean someone can't work. Please don't think I disagree with him and you I'm just trying to be realistic.

You really need to look at the specific reasons to get firstly the 15 points and also the support group.