Esa appeal won 9/1/2014

amanda6216

Hi hope I've posted in the correct place, I won my ESA tribunal on 9th Jan 2014, after waiting since May 2012, I've had nothing from the dwp about my appeal etc but have had a form asking if my partner is working? He does an apprenticeship which they already have all the info about so I'm confused as to why i have this form to fill in? It will be 8 weeks this Thursday since my tribunal, I have rang to chase it up and it was flagged as urgent to see to last wednesday the letter is dated the 27/2 feel like they are trying to get out of what I'm owed after being forgot about for 12 months, i had to wait 12months originally just for a reconsideration from the decision maker! I'm so at my wits end with the whole thing! Any advice would be appreciated as all i can think to do is ring them and tell them nothing has changed from the info they already have? rather than filling forms and waiting weeks for those to be processed! TIA XX

rogerblack

Several questions.
Are you being paid at the assessment rate.
What group did the tribunal put you in.
Were you employed as an employee immediately before your benefit claim for several years, or did you migrate from IB.

Because you are part of a couple - if you are claiming ESA-income-based then your income is assessed together.
If he earns (about) more than 150/week - you will not be entitled to be paid at all.

If you are entitled to ESA-contributory - on the basis of your past NI contributions - then you would be paid a small top-up if your husband is out of work and not claiming JSA.
And no - probably phoning isn't enough.

What did the tribunal decide?
If you have been placed in the work-related group - then you will be (if contributory) be paid the backpay up till one year after your application for ESA.
Any payment after that will rely on income-based ESA.
If you have been placed in the support group - on contributory ESA - then your payment will be from the initial decision till now, and will not be affected by your husbands earnings.

amanda6216

Hi roger I've been claiming IR esa since 2010, this is the second time i have been to tribunal after an atos medical finding me fit for work so i was main phase then my money was dropped after the medical, i get also get dla, the tribunal decided i was put in the wrag group with no assessment for 2 years. I had worked full time from being 16 before i was diagnosed with hip dysplaysia and osteoarthritis.
As for my partner we claim together all info regarding his pay,hours worked, he is an apprentice so is on low income etc have been given to the dwp over 12months ago thats why i don't understand the form I've been sent? Nothing has changed for over 12 months apart from me winning my hearing.

Indie_Kid

It may be a standard letter. If you're on IR ESA, they may be asking if there's been a change in your household income, which would affect the amount you're entitled to.

amanda6216

My address and the date etc is all hand written, so I'm guessing I'm going to have to fill it in?, It's strange as it asks about work for either me or partner work, then it's highlighted partner, then asks if he has a job, how many hours he works, what he gets paid, when he first got paid etc but they already have this signed by his employer that's what i don't understand so confused right now, I'm not fussed if i HAVE to fill it in it's the fact that I've waited 8 weeks already since my tribunal then sending this form back in and having to wait weeks more for it to be processed

amanda6216

Just a quick update have rang dwp, the form is a standard one as a review to check all is the same, as for my backpay payment was issued today, thank you for the replies feel better now xx

Morglin

Glad you got it sorted.

Lin