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So confused!

  • Lyn
  • Topic Author
12 years 1 month ago - 12 years 1 month ago #81821 by Lyn
So confused! was created by Lyn
I have been on IB since July 2001, and received my letter to migrate to ESA late last year.
I had an atos medical at the end of December, and received a letter telling me that I had nil points, and was thus uneligable for ESA.
My son completed the appeal form for me, and I sent this away, along with a supporting letter from my GP, I also asked if I could claim the assessment rate of ESA pending appeal.
I visited CAB this morning, and was upset to find that they can't represent me at appeal, because they are not funded, so wil have to go it alone :(
But, what upset me the most was that the man said that he didn't think I could have contribuatory based ESA because I had been on IB for so long, and my understanding of it, from this site, is that I can.
Can someone please help, as otherwise I am wasting my time continuing with the appeal as I would not be eligible for income based ESA
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #81827 by Gordon
Replied by Gordon on topic Re:So confused!
Lyn

It's unusual for the CAB, but they are wrong.

At the very least you would qualify for a year of ESA(CB) if placed into the WRAG, and if placed into the Support Group your claim would be indefinite subject to you continuing to meet the ESA conditions.

Gordon

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

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12 years 1 month ago #81838 by slugsta
Replied by slugsta on topic Re:So confused!
Does the OP need to submit 'fit notes' in order to receive assessment rate ESA whilst awaiting appeal?

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12 years 1 month ago #81857 by Gordon
Replied by Gordon on topic Re:So confused!
Mrs Hurtyback wrote:

Does the OP need to submit 'fit notes' in order to receive assessment rate ESA whilst awaiting appeal?

Yes, they will need to provide Fit Notes until their Tribunal is held or a Decision is made in their favour, which ever is later.

Gordon

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12 years 1 month ago #81877 by Derek4
Replied by Derek4 on topic Re:So confused!
Gordon wrote:

It's unusual for the CAB, but they are wrong.

It may not be that unusual. I previously encountered a CAB caseworker who thought you need 15 points to pass the PCA on mental health grounds. :)

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  • Lyn
  • Topic Author
12 years 1 month ago #81911 by Lyn
Replied by Lyn on topic Re:So confused!
Gordon wrote:

Mrs Hurtyback wrote:

Does the OP need to submit 'fit notes' in order to receive assessment rate ESA whilst awaiting appeal?

Yes, they will need to provide Fit Notes until their Tribunal is held or a Decision is made in their favour, which ever is later.

Gordon


When I sent the appeal form, I also sent a MED 3 showing me to be unfit for work for 3 months, is this what you are referring too?

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