Esa

Crisp_£_note

My ESA has been terminated as I was placed in the WRAG group and the maximum 2 years has expired last week.

Can I submit a new claim or am I better off 'appealing' via the application for re-assessment form? My husband is self employed and isnt too happy about me sharing his info but has agreed "if it helps me get some money!". His income fluctuates so much and truth be told I don't see any of it myself other than the Tax Credits he is entitled to which I use to pay the household bills on his behalf otherwise he would forget to pay them and we would end up in financial debts again.

I also would like to appeal for the new PIP claim I have been awarded as the advice on their information letter doesnt match a lot of what I said at the medical a few months ago or on the form a year ago!

Thanks for the advice sorry if I have asked before but my memory is bad at this time due to strss

tomtontom

http://www.womensaid.org.uk/

rogerblack

Crisp_£_note wrote: »

My ESA has been terminated as I was placed in the WRAG group and the maximum 2 years has expired last week.

Do you mean one year?
What is the history of this claim?
In general, about a PIP award - the details on the award letter only matter if they are materially important.
If you have a pet, and it's a fish, not a hampster, that's probably not important.
If it says you have a great dane and take it for ten mile runs daily, that is.

sueturnersmith

I think you need help to sort out your relationship. You husband should share all his money with you. What kind of a relationship do you have?

Why don't you do yourself a favour and get out before things get worse? At least get some counselling to help you plan for the future.

Indie_Kid

I agree with the others.

What exactly would you be appealing against?

lukieboy96

How do you know it was because of 2 years in WRAG? Can you contact them and clarify it?

Crisp_£_note

I had a letter (dated 1 May 2014) from the Jobcentreplus to confirm my claim for Employment and Support Allowance contributions-based ESA was due to end on 29th May 2014. This was because on that date I will have received a total of 365 days contribution-based ESA which the law says is the maximumm number of days I can receive this benefit for, unless I am in the Support group - which I am not. I had to attend WRAG interviews but the interviewer from the jobcentre could clearly understand I was not going to be fit for work so I onlly attended 2 and she said I need not attend any further last year.

The letter continues to inform me that based on my current award of benefit, when the Contributions Based ESA ends I will noot receive any money, although they will continue to credit me with my NI contributions which can help me to qualify for benefits in future, including State Pension.

It does carry on to say I may still be able to get ESA if I do not have enough money to live on. Income-Related ESA maybe payable if I have a low income. This maybe affected by income or capital I receive and is not usually payable if I have a partner working 24 hours or more a week (which he does work 30 hours at minimum (otherwise he wouldn't get WTC), and currently working 12 hour shifts 5 days a week). Or I or my partenr have savings or investments over £16,000 (neither of us do and yes I am 100% certain of that).

I did contact them to clarify it and they sent me the application for re-assessment form but also mentioned they would need to see paperwork and accounts relating to his self employment.

I was transferred to ESA from IB which was longterm benefit timescale.


Reguarding the PIP appeal yes I feel the details are not accurate enough considering the ones me and the assessor discussed at length and the ones I wrote on the application form. The issue with mobility is non existant in their report. They have missed out several of the conditions I have which are related to the main one. Ok some have developed since I sent in the application form but I discussed them and requested they be noted and taken into account at the ATOS assessment. It took all my efforts to face this interview outside of my home. My husband was supportive and drove me there and sat in with me.

I am not going to get into any discussions about my relationship or my husband because I am not going to leave him we have been married almost 14 years and pulled through were not likely to get divorced over money - there's more to a happy married life than finances and I certainly don't consider myself at risk but thanks for the concerns none the less!

Hopefully I have answered the questions. Thanks for the helpful advice.

epitome

Crisp_£_note wrote: »

I did contact them to clarify it and they sent me the application for re-assessment form but also mentioned they would need to see paperwork and accounts relating to his self employment.

Do you mean an ESA3 ? (it says on the bottom of the front cover)

If he works 30 hours a week there is no point filling in the ESA3 you won't get ESA IR.

What date did your Incapacity Benefit finish and your ESA Start? This will only give me a rough idea of the date of the decision, it is likely to be about 1 month before that date, so you are very likely too late to appeal for the Support Group.

What you can do is ask for a supersession (by letter) on the existing claim -this is a reassessment for Support Group- and you should say which SG descriptor you think you should qualify under and why, and if possible a letter from your doctor supporting this.

You don't need to make a new claim (I advise you not to do this) your existing claim will continue to pay NI credits until you are put into the Support Group.

You should also phone to ask when your next scheduled reassessment is going to be, if they don't know, tell them to "look in 791"

So you either wait for your next scheduled re-assessment or you submit a request for reassessment now (supersession)

Whichever you do, once they have made a new decision, you can ask them to explain the decision to you and you can go on to Mandatory Reconsideration and then onto appeal for Support Group.

sunnyone

If you really thought that you should be in the support group you would have appealed long before now.

Indie_Kid

sunnyone wrote: »

If you really thought that you should be in the support group you would have appealed long before now.

Indeed. If you appeal this late, you need a good reason to have done so.

rogerblack

Indie_Kid wrote: »

Indeed. If you appeal this late, you need a good reason to have done so.

In practice - this is reportedly not the case.
Appeals for support group for the reason 'I believed the assessment, but now understand it to be in error' - or similar - are often granted.