Won appeal

jeff_chandler

Last Friday my wife was in court for a tribunal regarding ESA. Over 12 months ago she failed one of those medicals and scored 0 points,. The appeal took over 12 months before it ended up in court. Another claim was made and another medical was attended three weeks ago and the result was the same, 0 points.

The court appearance last Friday took only two mins where the decision of 0 points was over turned.

What does this actually mean, will it mean she gets her benefit re-instated?

epitome

Why was another claim made?

jeff_chandler

They said they was going to look at it again.

jacques_chirac

jeff_chandler wrote: »

They said they was going to look at it again.

Was it a new claim, or a review of the existing claim? Did you continue to submit sick notes during the appeal period?

skibadee

If you don't mind me asking what illness was this medical for?

epitome

Was she continuously on appeal rate payments with sick notes and then her condition worsened and she was re-assessed? That would not be a new claim.

Did her payments stop at any point?

jeff_chandler

It's a difficult subject to speak about. Three years ago whilst on vacation to Spain we had an intruder enter the room during the early hours, we both were nullified by some gas substance and my wife was seriously sexually assaulted.
Her condition since this incident has completely ruined her as a person and has been for counselling on my occasions. She is scared of going out on her own and relies on myself for comfort. Without going into details she did make a claim, this was well over twelve months ago where she attended a medical after completing a claim form. She scored 0 points. She then made an appeal, this appeal has just been heard after fourteen months. When a year passed she was told to claim again which she did, and went for another medical, this again scored 0 points. Her hearing was for the previous medical to which she won over whelming.

She has never submitted sick notes because she gets a small pension from her previous employment although she's only 58. I also claim ESA because of an accident I suffered at work resulting in me now having grade 4 osteoarthritis in the knees.
We know there is a benefit cap but will this over turned decision allow my wife benefit? this would take us over the limit with the benefits cap.

I was a plasterer but because of my knees I could no longer apply my trade. I did apply for a job in an office which I got, the holiday was to celebrate this but the incident would not allow me to start. I had to return to ESA because I needed to look after her during the months after the spain incident.

jacques_chirac

More questions I'm afraid:

Are either of you in the Support Group for ESA, or do you receive DLA? These will exempt you from the benefit cap.

How much is the pension? Were you both in employment (not self employment) for the two/ three years prior to your claim - do you know if you are on contributions based ESA or means tested?

Can you recall the name of the form you completed after twelve months - was it asking about your household income, or questions about her condition and how it affects her?

kuepper

jeff_chandler wrote: »

They said they was going to look at it again.

when I won my appeal I think nothing was said by the tribunal on the day. I got a letter a couple of days later saying they had awarded points for this and that reason giving me the 15 I needed to be eligible for the benefit. Maybe you need to contact CAB. At my local CAB they used to have a specialist dealing with this area and she came to the tribunal with me.

jeff_chandler

I am currently in the Work Related Group but the court mentioned to my wife she will be left alone for at least a year. All they gave her was a form saying the decision had been reversed.
I get 97 per week and she gets £60 a week pension. No
DLA as we aint looked into this yet.

jacques_chirac

jeff_chandler wrote: »

I am currently in the Work Related Group but the court mentioned to my wife she will be left alone for at least a year. All they gave her was a form saying the decision had been reversed.
I get 97 per week and she gets £60 a week pension. No
DLA as we aint looked into this yet.

We do need more information to give a more definitive answer, in particular whether (both) your benefits are means tested or contributions based and what group she is in.