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E.S.A and Income Support

  • PauH
  • Topic Author
13 years 3 months ago - 13 years 3 months ago #40132 by PauH
E.S.A and Income Support was created by PauH
Question please from anyone in the same predicament or has been through this.

I have just been refused E.S.A and benefit stopped after one year of being on limited capacity can I claim income support as I live on my own in a council flat and have no other income coming in I do intend to appeal the nil points I got orally.


Mod Edit: As a benefits question, posting moved from discussion forum to benefits questions forum.

Pete17971
Last edit: 13 years 3 months ago by . Reason: moved forum

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  • RachelPotter
13 years 3 months ago #40134 by RachelPotter
Replied by RachelPotter on topic Re:E.S.A and Income Support
Hi Paul, was it a medical or an appeal?

If it was a medical, you can claim ESA at the assessment rate while you appeal the decision or go on JSA.

Best wishes,
Rachel

ps they willonly start paying ESA once they have received your appeal form.

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13 years 3 months ago #40137 by
Replied by on topic Re:E.S.A and Income Support
PauH
Hanson wrote:

Question please from anyone in the same predicament or has been through this.

I have just been refused E.S.A and benefit stopped after one year of being on limited capacity can I claim income support as I live on my own in a council flat and have no other income coming in I do intend to appeal the nil points I got orally.


Hi,

as Rachel has enquired above, has your ESA been stopped by the DWP, or following an oral appeal tribunal?

Until we know the full situation it is very difficult to try to point you in the right direction.

Pete

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  • PauH
  • Topic Author
13 years 3 months ago #40154 by PauH
Replied by PauH on topic Re:E.S.A and Income Support
I had my re assesment medical on the 7th of November I just got a letter from the JCP this morning that my benefit had been stopped and I scorred no point.

Mu Previous medical found I was to be classed as limited work capacity and ordered to go to the WCA then to pathways since I got sicker and developed Ulcerative Colitis and had a spell in hospital.

I rang the issuing JCP office this afternoon they recommend an appeal and are sending me the full medical decision plus an appeal form Benefits stopped from the 30th of November 2010

Thanks for answering my post :-)

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13 years 3 months ago #40168 by Derek4
Replied by Derek4 on topic Re:E.S.A and Income Support
Hi PauH

When you send your GL/24 appeal form, state that you wish to be paid at ESA assessment rate pending appeal. Your ESA should be reinstated (at the reduced rate) until the outcome of the appeal.

Please read the ESA appeal guide and seek advice if necessary.

Good luck

Derek

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  • RachelPotter
13 years 3 months ago #40169 by RachelPotter
Replied by RachelPotter on topic Re:E.S.A and Income Support
Hi Paul, hopefuly a Mod will answer soon, but are you appealing to the Upper Tribunal on a point of law?

I don't think you can get ESA while you are waiting?

Also, they may turn your right to the appeal down if they think there is no case to answer.

Will keep my fingers crossed that I am wrong!

Best wishes,
Rachel

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