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transferring from incapacity benefit to esa

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8 years 5 months ago #145467 by diane varley
transferring from incapacity benefit to esa was created by diane varley
:unsure: my husband had been on incapacity benefit for 9yrs following an accident at work which left him with poor mobility and post tramatic stress .after 6 month he had to claim IB ,within a few weeks he had to see a IB officer so with his crutches pins and plates in his leg and me for support we went to the job centre ,doctors notes in hand . my husband handed over doctors notes hospital letters psychiatric reports to the officer who put them on the edge of her table whereby she then knocked them onto the floor , she said we wont be needing those as my husband was unable to pick them up and I was aware she wasn't going to get the documents from floor ; after some time she asked if my husband wanted to se a disabled officer he said yes as he was aware his benefit could stop if he didn't agree. the following week he saw the disable officer he was offered hgv long distance jobs while he was still using crutches and having physio he got a letter the following week stopping IB saying as he was seeing a disability officer he was actively looking for work so was now on J S .we were told waste of time appealing by the JC as no one wins appeals ,we went to 12 oclock court and within 5 min won appeal for indefinite IB due to evidence of medical staff and face to face interview . the same happened with DLA he had a home assessment and was given this indefinitely, 9yrs on reasessed for ESA rejected on a 15min interview no physical examination phoned to make an appeal as advised ,received a phone call a few weeks later about mandatory reconcideration on that phone call was given ESA work related for 2yrs which turned out to be JS which is means tested after 12 months and was told that because I worked over 16hrs he wasn't entitled to anything now 8 month on no help or support three visits to JS removed from unemployment statistics no bodies bothered hes 60yrs disabled man worked 12hrs a day 6 days a week from 15yrs to 50yrs in low paid manual poor health safety jobs = now in a desperate state fear of losing home .Atos told us that we we had appealed and won by getting JS but we felt we had not gone through any appeal process . now we are dreading PIP

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8 years 5 months ago #145475 by Gordon
Replied by Gordon on topic transferring from incapacity benefit to esa
DV

Welcome to the forum.

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As I understand it from your post;

Your husband was transferred from IB to ESA, initially he was found Fit for Work, but after a request for appeal he was placed in the WRAG by the DWP, you did not pursue a further appeal.

After a year of ESA(CB) his payments were stopped by the 365 day rule and due to your income, he was not entitled to payments of ESA(IR).

From your post he has a Credits Only ESA claim.

Unfortunately, if it has been 20 months since the Decision to place him in the WRAG was made then there is nothing further that you can do about this.

However, if you can show that his conditions have deteriorated, you can ask for him to be re-assessed and if he is placed in the Support Group then his ESA(CB) payments should be re-instated. The request will involve a new ESA50 and likely a face to face assessment and you do need to be aware that if he is found Fit for Work he will lose his NI Credits which may effect his State Pension.

A re-assessment can be initiated by your writing to the DWP office that deals with his claim asking for one to be done on the basis of a deteriorated condition.

As to PIP.

At some time over the next three years he will be invited to claim PIP. PIP has very different criteria from DLA and the assessment process is fundamentally different, it has also been engineered to reduce the disability budget by at least 20% so is in general a harder benefit to receive, however, as with any change, although there will be many losers, some will actually receive higher awards on changeover.

You can prepare for PIP, by reviewing our PIP Claim guide and considering what evidence you have and can source for when he needs to make a claim. See

www.benefitsandwork.co.uk/help-for-claimants/pip

If you have further questions, then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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