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TOPIC: ESA

ESA 6 years 3 months ago #67209

  • cheekypink
My brother-in-law had to give up work due to a heart condition and was awarded ESA after a bit of a struggle with the benefits department. He gave up work in May 2009 and despite letters from his specialist to the appeals board he was again taken off ESA. He has now been put back on it but at the lower rate so the family are down £90 every 4 weeks. In the old days of Incapacity Benefit if you were on the high rate IB and signed off to go back to work but were then sick within a period of 13 weeks you automatically got the rate you had last time so should he not go back to the higher rate of ESA as none of his circumstances have changed?

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Re:ESA 6 years 3 months ago #67226

cheekypink

You haven't said when you brother lost his ESA and whether this was the result of a re-assessment, but on the assumption that this is the case.

Is your brother-in-law appealing the Decision that he is not eligible for ESA, if so, then he is only entitled to the ESA assessment rate, while he waits for his hearing.

The ESA linking rules, as would the IB before they were rescinded, only apply if he stopped ESA in order to seek work, which does not appear to be the case here.

Gordon

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

Re:ESA 6 years 3 months ago #67255

  • cheekypink
Hi Gordon
This is the whole story. His father had his own business where my brother-in-law was employed but his father was fully aware of his illness and therefore when he was ill for weeks at a time he was under no pressure from his employer. When his fathers business folded he applied for income support/esa. He was awarded it temporarily at the lower rate then reviewed just after he reached the higher rate. He got written support from his specialist to say that he is not able to hold down a job and his appeal was successful so he was on the high rate. Another review came about they stopped his money once again they reappealed he was again awarded the higher rate. A few months ago once again they decided to review him and stopped his money for weeks and have only now started his money again at the lower rate and they are now appealing again. He has never signed off to take up employment its almost as though they have a vendetta against him. If anyone has any advice I would be happy to pass it on to him.

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Re:ESA 6 years 3 months ago #67265

cheekypink

Is he getting any assistance from the local CAB or Welfare Rights as they should be able to help him with the appeal process?

Has he requested copies of his medical reports from the DWP, these will explain what points if any he received from the assessment?

He obviously has an expectation that he should score points for one or more of the tests, does he have evidence, relevant to these tests, that supports his claim?

Given that this is his third appeal, there may be something wrong with the way that he is presenting his answers on the ESA50, has he looked at out guides to see whether they can assist him?

You haven't mentioned his disabilities, whilst it is the effects that the ESA is concerned with rather than the diagnosis, other members may suffer from the same and be able to offer additional advice.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonMrs Hurtyback