ESA has been stopped

Alice_Holt

I would suggest getting help from your local CAB / advice agency with the appeal.
CAB's are very busy - mainly volunteer staffed and there is a huge demand for their services. There is likely to be a wait - just be patient & persistent.

This is a good guide to the appeal process - (it's about PIP but the ESA appeal process is virtually the same):
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Here are the ESA descriptors:
http://www.mybenefitsandwork.co.uk/med2/indexxx.php

This may be important for your husband - "Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work. And the risk could not be reduced by a significant amount by reasonable adjustments being made in your workplace or by your taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you.". It's known as Reg 29, and you can be awarded ESA on Reg 29 even if you don't score 15 points on the descriptors.
http://www.cpag.org.uk/content/making-exception

More info on ESA & appealing:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/employment-support-allowance

It's important to know if you are in a Universal Credit area:
https://ucpostcode.entitledto.co.uk/ucdate

If your husband isn't up to claiming JSA / UC - then one tactic is to get the MR in asap ((https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf)
Chase the DWP up for their response (an MR Notice), and then lodge the appeal
( http://formfinder.hmctsformfinder.justice.gov.uk/sscs1-eng.pdf ) with the Tribunal Service (TS) asap. Once the appeal with the TS has been lodged you can ask the DWP to resume ESA payments pending the appeal hearing.
http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute - (Restoration of ESA pending appeal paragraph).

If you are in a UC area, then get advice from your CAB before you claim UC. It is often better to remain on ESA pending appeal.

Expect your at MR stage the decision is remain unchanged. Most appeals go forward to the TS.

Icequeen99

Littlelola wrote: »

I'm also worried that if he has to claim job seekers allowance they will stop our tax credits

It depends - what tax credits are you claiming? Do you work? Do you get any working tax credit elements included on your claim? (You might not be paid WTC but it might be on your award notice)

IQ

Littlelola

We get child tax credits at the moment but I read somewhere that it stops on certain benefits. We are living in this at the moment.

xylophone

he can work in different department of his work

I wonder whether it would be worth exploring this and requesting shorter working hours/shortened working week on medical grounds?

This would also provide time for appointments for counselling/therapy to assist him to return to full time work?

Littlelola

We were thinking about that too even if it's just for a while. Would he get extra benefits if he cuts his hours down?