ESA Question

epitome

He has to satisfy one of the Support Group criteria.
click here http://forums.moneysavingexpert.com/...=#post62717971

susan42

He can satisfy 5 separate groups .

Not sure what went wrong at medical to end up with none. Also in the last year his condition has deteriated.

They found out he's allergic to alot of the pain killers and has been declared an emergency medical person.. What that means I have no idea

epitome

A deteriorated condition since assesment will play no part in the appeal process. The appeal is purely concerned with his condition as it was at the time of the assessment, anything since then is irrelevant.

susan42

Thank you for your replies everyone.

He would have fitted 5 of those descriptors before assessment. But I said at the time that person didn't understand you and from the way he told you not to bother it hasn't gone well

So he was expecting to be turned down. But I must be honest thought appeal would have been quicker. I shall get him to make a phone call. Find out what happened to appeal

As he has some money put by at the moment that's not the important thing. I assume they will backdate it when he wins appeal. He can use his capital , that's why he sold house because he heard so many horror stories of being left with no money. And the household bills were piling up and up.

At least he gets off a bit of stress by having something to fall back on. He can come and live with us, he did before for 6 months.

Thanks again for your replies guys and gals

rogerblack

susan42 wrote: »

Thank you for your replies everyone.

He would have fitted 5 of those descriptors before assessment. But I said at the time that person didn't understand you and from the way he told you not to bother it hasn't gone well

I would recommend getting a copy of the medical report - you don't know.

It is reasonable that the medical person would have said not to bother, as he can clearly see that he meets the 'cannot move from one seat to another' - and gets the support group.
Similarly if he can't walk more than 50m without the wheelchair, and can't self propell due to one arm.

Phone them up, and ask for a copy of the medical report.
I would also suggest reporting a change of circumstances if he's gotten worse.
Also apply for PIP, if that has not been done. (Assuming no DLA in payment)

The change of circumstances is _not_ related to the appeal.

epitome

If he wins appeal into WRAG he will not get any further payments past the 365 day date.

If he wins into SG he will be put back onto fortnightly payments continuing after the 365 day date.

rogerblack

epitome wrote: »

If he wins appeal into WRAG he will not get any further payments past the 365 day date.

Though he would get arrears of the WRAG from the 13th week till the 356th day - so about £26*39=£1000

susan42

So am I reading this right, slightly confused.

They gave him nil points so he wrote a letter of appeal

They then gave him £71 a week, thats ending soon and he`ll have no money

So that means even if he`ll wins appeal , he still wont have any money unless they put him in the support group

What is the point of the appeal then? because if he wins appeal he still wont get any money past 365 days...

Gosh isn't it complicated

I understand rogerblack what you mean by him having the difference in the amount he should have had with the amount he had. But he would still be at 365 with no money.

So really epitome he can only have money if he gets into the sg. Which as said earlier would be doubtful as he had no points. So what does he do ?
Start the sick process again as he cant work or is that it abandoned into no mans land.

Thank you anyhow for replying..this whole dhs things is pants, I`d hate to be ill like him as the stress could kill you

epitome

rogerblack wrote: »

Though he would get arrears of the WRAG from the 13th week till the 356th day - so about £26*39=£1000

As he was IB mig, he will get 52 weeks arrears for WRAG and it will be the difference between £71.00/£71.70 and the rate his IB was maybe it was £110.85 ? So approximately £2000


Susan,
As he is not eligible for ESA IR (now), if in WRAG his payments would stop at 365 days. He can then keep his claim open for National Insurance Credits only, and if at any future assessment or appeal of a future assessment -he is put into Support Group- his payments will start up again. Until then he would not be eligible for any ESA, Income Support or JSA payments. If his savings drop below 16,000 i.e. 15,999 he would be eligible to some ESA IR / JSA Income Based.

If he loses the appeal and found fit for work, his claim will be closed, He can make a new claim to ESA but will only get National Insurance Credits until he becomes eligible for some ESA IR due to savings reduction.

He could claim PIP (now) if he is not already on DLA.

The point of the appeal is to win entitlement to either:

• £2000 WRAG arrears and NI credits until placed in SG at a later date or
• £2000 SG arrears and ongoing SG fortnightly payments backdated to the 366th day.

However the WRAG arrears will simply mean that he will have to spend an extra £2000 before he drops below £16000.

It has been done by other people to go from 0 points to Support Group on appeal.

rogerblack

epitome wrote: »

However the WRAG arrears will simply mean that he will have to spend an extra £2000 before he drops below £16000.

It has been done by other people to go from 0 points to Support Group on appeal.

Not reading this in detail - however from memory - if arrears of benefits exceed £2K payment - that capital is ignored for the life of the claim.