esa appeal

geoff wrote:

hi - still awaiting news on tribunal date for esa , guess it will be a while. today however FIL received letter from medical services assking him to fill in a 2limited capability for work questionairre" ie the same form that initially started this proces. it says if"you currently receive incapacity benefit, income support,(on the grounds of illness or disabilty) or severe diaablement allowance. do you think this is just an annual sending of same formor is it because ha also claimds "dla" allowance?

ESA and DLA are seperate benefits, so this re-assessment has nothing to do with his DLA award.

Even though your father in law has had his ESA(CB) time limited, he still remains eligible for ESA and will be receiving NI Credits that count towards a full State Pension, as a result he is still liable to regular assessment.

Gordon

geoff wrote:

quick update sent in annual ESAa form for FIL and has come back saying qualifies for Support group from date of form and RECEIVES MONEY HE USED TO (£105 PER WEEK INSTEAD OF £0.010)!! Guess this means appeal at tribunal will go ahead as they will argue his condition is different from last year?? If so unless you strongly advise otherwise am going to go ahead with appeal as they have lost a lot of money and both his doctor and counsellor feel his condition is unaltered and the only differnce really is that because of your site and advice was better at filling form in than last yeaR !!!!

I am afraid we can't advise whether you should continue with this appeal, it is beyond our remit to provide such detailed advice.

Gordon

geoff wrote:

hi just a quicvkie -just wondered your thoughts on any of following - my FIL today in i think a bit of a panic has rung ESA and said now he has been placed in the support group does it mean he still has to go to the tribunal -the reply was -the records havent yet beenupdated to tribunal but that they could inform tribunal that FIL wanted to "lapse the appeal" and would confirm this to FIL in writing.
have warned Fil not to telephone but only to communicate in writing as i think what he has inadvertantly done is withdraw his appeal and will therefore not be entitle3d to the money they withdrew from him !! --ehat would be your understanding of the term"lapse your appeal"

As I understand it, the appeal is related to an original Decision to place your FIL in the WRAG which resulted in his payments being stopped due to the 12 month rule.

The Support Group placement is the result of a more recent re-assessment.

As such, there is no reason for your FIL's appeal to be lapsed (cancelled), as these matters concern two, completely different Decisions.

Your FIL is entitled to continue with the appeal, and if successful will receive back payments of the difference between the WRAG and the Support Group for the period from when the original Decision was made until his payments were stopped, and then the full rate from that date until the date his payments were/are re-instated following the new Decision.

It is important that you remember that the Tribunal can only look at your FIL's condition as it was at the time of the original Decision, not as it is now, so his being placed into the SG now, will not be something the the Tribunal will be able to take into account.

Good luck

Gordon