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IB to ESA apeal
- regal
- Topic Author
11 years 2 months ago - 11 years 2 months ago #98531 by regal
IB to ESA apeal was created by regal
Hi I have won my appeal from ib to esa thx to B W and my 365 days are up now my claim goes back to 12/01/12 did the 365 days apply then as I have been put in the wag group where do I go from now !!!! I was sent a gl24 from the dwp with a letter saying my benefit will end on the 25/01/13 which I sent back to the dwp and they sent it back to me and said I should send it to the courts I rang the court and they said why do u want to appeal again when u won your appeal please help as i think that i should b in the suport group
Last edit: 11 years 2 months ago by Gordon.
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- Gordon
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11 years 2 months ago - 11 years 2 months ago #98532 by Gordon
Can I just clarify what has happened.
You were transferred from IB to ESA, but I assume were found Fit for Work, you subsequently lodged an appeal, which has now been heard, which placed you in the WRAG, you have been notified that your ESA(CB) will be time limited from 25/01/13?
This being the case, I am afraid your options are limited, the decision to limit your ESA(CB) is not appealable. Have you checked to see whether you would be eligible for Income Related ESA?
You cannot appeal the Tribunal Decision because you disgaree with the result, only if you can show that there has been an Error of Law, see
What is an Error of Law?
A first and mandatory step to this process is to request a Statment of Reasons, see
Tribunals – Requesting a Statement of Reasons
You need to be aware that the DWP will also receive a copy of the SoR, which opens the door for them to challenge the Decision as well, it would be very unusual, but possible for them to do this.
Appealing to the Upper Tribunal can be complicated and is not something that B&W can provide advice on, so you should consider finding an advisor with experience in this area.
As you were on IB you will not be able to make a new claim for ESA(CB) as you will not have the necessary NI Contributions to meet the eligibility criteria.
If you can show, either now or later, that your condition has deteriorated since the original Decision, not the Tribunal hearing, such that you meet the criteria for the Support Group, then you can request a SuperSession (re-assessment) of your claim. It is important to note that you will need to provide medical evidence to support this and it will need to show that the change post dates your previous assessment. This option remains open to you as long as you maintain your Limited Capability for Work, which will require regular re-assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB to ESA apeal
regal wrote: Hi I have won my appeal from ib to esa thx to B W and my 365 days are up now my claim goes back to 12/01/12 did the 365 days apply then as I have been put in the wag group where do I go from now !!!! I was sent a gl24 from the dwp with a letter saying my benefit will end on the 25/01/13 which I sent back to the dwp and they sent it back to me and said I should send it to the courts I rang the court and they said why do u want to appeal again when u won your appeal please help as i think that i should b in the suport group
Can I just clarify what has happened.
You were transferred from IB to ESA, but I assume were found Fit for Work, you subsequently lodged an appeal, which has now been heard, which placed you in the WRAG, you have been notified that your ESA(CB) will be time limited from 25/01/13?
This being the case, I am afraid your options are limited, the decision to limit your ESA(CB) is not appealable. Have you checked to see whether you would be eligible for Income Related ESA?
You cannot appeal the Tribunal Decision because you disgaree with the result, only if you can show that there has been an Error of Law, see
What is an Error of Law?
A first and mandatory step to this process is to request a Statment of Reasons, see
Tribunals – Requesting a Statement of Reasons
You need to be aware that the DWP will also receive a copy of the SoR, which opens the door for them to challenge the Decision as well, it would be very unusual, but possible for them to do this.
Appealing to the Upper Tribunal can be complicated and is not something that B&W can provide advice on, so you should consider finding an advisor with experience in this area.
As you were on IB you will not be able to make a new claim for ESA(CB) as you will not have the necessary NI Contributions to meet the eligibility criteria.
If you can show, either now or later, that your condition has deteriorated since the original Decision, not the Tribunal hearing, such that you meet the criteria for the Support Group, then you can request a SuperSession (re-assessment) of your claim. It is important to note that you will need to provide medical evidence to support this and it will need to show that the change post dates your previous assessment. This option remains open to you as long as you maintain your Limited Capability for Work, which will require regular re-assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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- regal
- Topic Author
11 years 2 months ago - 11 years 2 months ago #98589 by regal
Replied by regal on topic IB to ESA apeal
Re clarify
It was IB to ESA and was found fit for work 26/01/2012 to which I appeal and then received the assessment rate till my appeal was heard which was in September 2012 won my appeal and got put in the WAG group with work related activity components and it got back dated to the 26/01/2012. The tribunal recommended that they don’t reassess me for 24 months.
Received a letter from the DWP telling me I was entitled to ESA for 365 days from the 27/01/2012 unless I was in the support group . I telephoned them and said i wanted to appeal to be put in the support group and they sent me GL24 which I filled in and sent back to them.
They sent it back to me and told to send it to the courts as it was them that made the decision. Rang the courts up and asked if that was right and they told me to send them a copy of the letter telling me to send it to them . I am not entitled to income based ESA I was wondering if the 365 days was in force on 26/01/2012? To which they backdated my ESA to which is the date that my IB ended so have had ESA for 365 days
My ESA has now ended and have over the threshold to be eligible for income related ESA .
Is it right that I can apply for ESA again after 12 weeks have passed? With a new claim and start all over again if I don’t get put into the support group also I am getting my NI contributions till September 2014 which is the date that they are going to reassess me.
And am still waiting for my statements of reasons which o wrote off for in October 2012
Dose one not get any NI contributions when they are on IB ?
It was IB to ESA and was found fit for work 26/01/2012 to which I appeal and then received the assessment rate till my appeal was heard which was in September 2012 won my appeal and got put in the WAG group with work related activity components and it got back dated to the 26/01/2012. The tribunal recommended that they don’t reassess me for 24 months.
Received a letter from the DWP telling me I was entitled to ESA for 365 days from the 27/01/2012 unless I was in the support group . I telephoned them and said i wanted to appeal to be put in the support group and they sent me GL24 which I filled in and sent back to them.
They sent it back to me and told to send it to the courts as it was them that made the decision. Rang the courts up and asked if that was right and they told me to send them a copy of the letter telling me to send it to them . I am not entitled to income based ESA I was wondering if the 365 days was in force on 26/01/2012? To which they backdated my ESA to which is the date that my IB ended so have had ESA for 365 days
My ESA has now ended and have over the threshold to be eligible for income related ESA .
Is it right that I can apply for ESA again after 12 weeks have passed? With a new claim and start all over again if I don’t get put into the support group also I am getting my NI contributions till September 2014 which is the date that they are going to reassess me.
And am still waiting for my statements of reasons which o wrote off for in October 2012
Dose one not get any NI contributions when they are on IB ?
Last edit: 11 years 2 months ago by bro58.
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- bro58
11 years 2 months ago - 11 years 2 months ago #98595 by bro58
Hi r,
The changes with regards to 365 days entitlement of payment of CB ESA in The WRAG came into effect from 30th April 2012 and were applied retrospectively.
In other words any time in receipt of payment of CB ESA in The WRAG prior to 30/04/12, would also count against your 365 days entitlement.
As it seems that you were in receipt of IB prior to 26/01/12, and as a result of winning your appeal you were placed into The WRAG from 26/01/12, you should have been entitled to 365 days of payment of CB ESA in The WRAG from 26/01/12. Which means that payment should have continued until circa 26/01/13. (As long as you were still assessed as being in The WRAG)
With respect to appealing the Tribunal decision to place you into The WRAG, see Gordon's previous response in this topic thread.
You have two options, you could end your ESA claim, and make a fresh claim after 12 weeks.
However, you would only be entitled to payment of CB ESA once more if you had the necessary NI Contribution in the two previous qualifying tax years, which is unlikely if you were in receipt of IB prior to your transfer to ESA.
The only other way that you could acquire the necessary NI Contributions would be from employment.
Another option could be to request a supersession, see my previous post regarding this, here :
www.benefitsandwork.co.uk/forum?view=top...id=10&id=96784#98398
bro58
Replied by bro58 on topic IB to ESA apeal
regal wrote: Re clarify
It was IB to ESA and was found fit for work 26/01/2012 to which I appeal and then received the assessment rate till my appeal was heard which was in September 2012 won my appeal and got put in the WAG group with work related activity components and it got back dated to the 26/01/2012. The tribunal recommended that they don’t reassess me for 24 months.
Received a letter from the DWP telling me I was entitled to ESA for 365 days from the 27/01/2012 unless I was in the support group . I telephoned them and said i wanted to appeal to be put in the support group and they sent me GL24 which I filled in and sent back to them.
They sent it back to me and told to send it to the courts as it was them that made the decision. Rang the courts up and asked if that was right and they told me to send them a copy of the letter telling me to send it to them . I am not entitled to income based ESA I was wondering if the 365 days was in force on 26/01/2012? To which they backdated my ESA to which is the date that my IB ended so have had ESA for 365 days
My ESA has now ended and have over the threshold to be eligible for income related ESA .
Is it right that I can apply for ESA again after 12 weeks have passed? With a new claim and start all over again if I don’t get put into the support group also I am getting my NI contributions till September 2014 which is the date that they are going to reassess me.
And am still waiting for my statements of reasons which o wrote off for in October 2012
Dose one not get any NI contributions when they are on IB ?
Hi r,
The changes with regards to 365 days entitlement of payment of CB ESA in The WRAG came into effect from 30th April 2012 and were applied retrospectively.
In other words any time in receipt of payment of CB ESA in The WRAG prior to 30/04/12, would also count against your 365 days entitlement.
As it seems that you were in receipt of IB prior to 26/01/12, and as a result of winning your appeal you were placed into The WRAG from 26/01/12, you should have been entitled to 365 days of payment of CB ESA in The WRAG from 26/01/12. Which means that payment should have continued until circa 26/01/13. (As long as you were still assessed as being in The WRAG)
With respect to appealing the Tribunal decision to place you into The WRAG, see Gordon's previous response in this topic thread.
You have two options, you could end your ESA claim, and make a fresh claim after 12 weeks.
However, you would only be entitled to payment of CB ESA once more if you had the necessary NI Contribution in the two previous qualifying tax years, which is unlikely if you were in receipt of IB prior to your transfer to ESA.
The only other way that you could acquire the necessary NI Contributions would be from employment.
Another option could be to request a supersession, see my previous post regarding this, here :
www.benefitsandwork.co.uk/forum?view=top...id=10&id=96784#98398
bro58
Last edit: 11 years 2 months ago by bro58.
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- regal
- Topic Author
11 years 2 months ago - 11 years 2 months ago #98611 by regal
Replied by regal on topic IB to ESA apeal
Thank s
I rang the dwp about applying for a supersession and was told I needed to send a gl24 requesting a supersession they sent me the GL24 which I filled in and sent back to them !! and then got it sent back to me saying I needed to send it to the courts as it was them that made the decision ???
I rang the dwp about applying for a supersession and was told I needed to send a gl24 requesting a supersession they sent me the GL24 which I filled in and sent back to them !! and then got it sent back to me saying I needed to send it to the courts as it was them that made the decision ???
Last edit: 11 years 2 months ago by bro58.
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- bro58
11 years 2 months ago #98614 by bro58
Hi r,
It looks like they have wrongly assumed that you wished to make a late appeal, which can only be approved by The Tribunal Service.
You need to send them a GL24, which can be downloaded from the link on this page :
How to submit an appeal
Making it very clear that you are requesting a "Supersession"/Review of your existing WRAG award to be placed into the SG, and not an appeal.
You could request a supersession in the form of a letter, as long as you make it quite clear, see :
Sending Documents to the DWP or ATOS
bro58
Replied by bro58 on topic IB to ESA apeal
regal wrote: Thank s
I rang the dwp about applying for a supersession and was told I needed to send a gl24 requesting a supersession they sent me the GL24 which I filled in and sent back to them !! and then got it sent back to me saying I needed to send it to the courts as it was them that made the decision ???
Hi r,
It looks like they have wrongly assumed that you wished to make a late appeal, which can only be approved by The Tribunal Service.
You need to send them a GL24, which can be downloaded from the link on this page :
How to submit an appeal
Making it very clear that you are requesting a "Supersession"/Review of your existing WRAG award to be placed into the SG, and not an appeal.
You could request a supersession in the form of a letter, as long as you make it quite clear, see :
Sending Documents to the DWP or ATOS
bro58
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