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Esa claim closed?

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5 years 10 months ago #213289 by mistybee
Replied by mistybee on topic Esa claim closed?
Hi
Last week I had my Esa tribunal appeal heard, at last.
I’m not sure what to do,,or what happens next.
The decision was granted limited capability to work.recommended by dwp present to be placed in work group which was judges decision.
From 0 to 18 points ,in work group.
This being my esa (cb) claim,.please do you know what this means or what happens next for me.

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5 years 10 months ago #213310 by Gordon
Replied by Gordon on topic Esa claim closed?
Kitty

First of all congratulations o the award.

It usually takes the DWP 5-8 weeks to process a Tribunal Decision, I would give them a call to make sure that they have received the Decision Notice.

Your situation is somewhat complicated but I will do my best to explain.

First, when did you claim ESA? If it was after on or after April 2017 then the WRAG rate is not payable and you won't receive any back payments, if it was before then you should receive back payment of the WRAG rate, about £30 per week.

As you are not in the Support Group, payment of your ESA(CB) is limited to 365 days, this will include the time you waited for your appeal. After this you can receive Income Related ESA is you are eligible. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

tags: @RESULT @ESA @APPEAL

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

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5 years 10 months ago #213360 by mistybee
Replied by mistybee on topic Esa claim closed?
Many thanks to you Gordon for your help and clarity. And time

My Esa claim started in October 2016 so my 365 days of CB ran out last October 2017.
So I should be owed approx 30 per week for the 365 I was on esa and dwp should be contacting me about my option ie Esa IR (sometime within 8 weeks) is my understanding.
My partner works full time (over30hour), so I may not be entitled to Esa IR but maybe an exception as he also cares for me?

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5 years 10 months ago #213372 by Gordon
Replied by Gordon on topic Esa claim closed?
Kitty

I'm really sorry but if your partner works more 24 or more hours a week then you will not be entitled to ESA(IR).

Gordon

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5 years 10 months ago #213392 by mistybee
Replied by mistybee on topic Esa claim closed?
Thank you Gordon,I didn’t think so.
May I ask,do you know if I have any other options open me at all.

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5 years 10 months ago #213402 by Gordon
Replied by Gordon on topic Esa claim closed?

KItty wrote: Thank you Gordon,I didn’t think so.
May I ask,do you know if I have any other options open me at all.


The obvious one is PIP as it is not means tested.

Try putting your information into one of the online benefit calculators

www.gov.uk/benefits-calculators

Gordon

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