ESA help please

My brother-in-law has been on Esa contribution based for eight months now, prior to this he was on invalidity and then incapacity benefit, as he has been ill for some years now. last year I helped him fill his forms in for him to migrate to ESA
He had no medical and was put in what I think you refer to as the WRAG group, which he was happy with, I felt he should have appealed but as he was happy I left it at that, as I did not want to upset him or cause him any stress.
In the last three months his condition has worsened, I think down to the fact he was called for a work focused interview. I am quite worried has his mental health has really deteriorated, my question is can he have his case looked at again with a view to having a medical so they can see how bad he is, if so how is the best way to proceed.
Just as side note I have obtained a copy of his report which was done by wait for it, a physiotherapist which is ludicrous as he suffers from PTSD and Depression what a absolute joke!
One futher question he has an industrial injuries award of around £120 a week for being 40+% disabled, question is, is there Transitional Protection for IB to ESA claimants going onto income related ESA? as the DWP disregarded this under incapacity benefit?, if not he faces losing all his ESA as he's IIDB IS payed at a higher rate so in effect it will half his income.



Kindest regards Tony

guildster wrote:

My brother-in-law has been on Esa contribution based for eight months now, prior to this he was on invalidity and then incapacity benefit, as he has been ill for some years now. last year I helped him fill his forms in for him to migrate to ESA
He had no medical and was put in what I think you refer to as the WRAG group, which he was happy with, I felt he should have appealed but as he was happy I left it at that, as I did not want to upset him or cause him any stress.
In the last three months his condition has worsened, I think down to the fact he was called for a work focused interview. I am quite worried has his mental health has really deteriorated, my question is can he have his case looked at again with a view to having a medical so they can see how bad he is, if so how is the best way to proceed.
Just as side note I have obtained a copy of his report which was done by wait for it, a physiotherapist which is ludicrous as he suffers from PTSD and Depression what a absolute joke!
One futher question he has an industrial injuries award of around £120 a week for being 40+% disabled, question is, is there Transitional Protection for IB to ESA claimants going onto income related ESA? as the DWP disregarded this under incapacity benefit?, if not he faces losing all his ESA as he's IIDB IS payed at a higher rate so in effect it will half his income.

Kindest regards Tony

Hi G,

If you feel that the deterioration in the medical conditions, now warrants entry to the SG, rather than WRAG, you could ask for the ESA WRAG award to be reviewed, however there is a risk to this no matter how small, in that the WRAG award could be lost.A new WCA process may be instigated, including a new ESA50, medical, etc.

If you have any concerns regarding this scenario, you could have it "risk accessed" by seeking face to face advise, see :

Where to get advice?

ATOS HCP's (ADA's) can be Doctors, Physiotherapists, Nurses, Midwives, Occupational Therapists, they then receive traing from ATOS, and become, Approved Disability Analysts.

To claim IRESA, you must pass a "Means Test", all forms of income are classed as income for this purpose, so the IIB would be counted.

Take a look at :

24 hour work rule for ESA(IR)

The Welfare Reform Bill 2011

Asset rule for ESA(IR)

Income Rules for( IR)ESA

Qualifying for the Support Group

It may also help to review the following :

Welcome to Benefits and Work

You can access out FAQ’s in the yellow Spotlight Area, at the top above the forum, from here :

FAQ’s

You can search the forums for previously posted topics from here :

Searching The Forum

You can access our ESA Guides from here :

ESA Guides

bro58

Hi dont know if ive posted on rite place! Sorry if i havent. I have been throught the migration from IB to ESA, been awarded 0 points on the ATOS medical and appealed against the decision. I have failed that n now goin to Tribunal. I dont no wot I should b doin and dont seem to be gettin any further with it.
I am 37 currently been on crutches for the past 4 yrs due to needing a knee replacement, due to my age im too young and fightin the NHS for this. I suffered from multiple joint pain but thought this was due to my Joint hypermobility, however this has now been diagnosed as Fibromyalgia and I am in constant pain all the time!
I also suffer from PTSD due to a car accident 3 yrs ago to which I witnessed my good friend die.
Can you please help me with the Tribunal side of things cause Im extremly tired and dont no what to do.
Thanks in advance Jacqui x

twinkle wrote:

Hi dont know if ive posted on rite place! Sorry if i havent. I have been throught the migration from IB to ESA, been awarded 0 points on the ATOS medical and appealed against the decision. I have failed that n now goin to Tribunal. I dont no wot I should b doin and dont seem to be gettin any further with it.
I am 37 currently been on crutches for the past 4 yrs due to needing a knee replacement, due to my age im too young and fightin the NHS for this. I suffered from multiple joint pain but thought this was due to my Joint hypermobility, however this has now been diagnosed as Fibromyalgia and I am in constant pain all the time!
I also suffer from PTSD due to a car accident 3 yrs ago to which I witnessed my good friend die.
Can you please help me with the Tribunal side of things cause Im extremly tired and dont no what to do.
Thanks in advance Jacqui x

Hi T,

You should have started as a new topic/thread, but never mind.

It may help to review the following :

Welcome to Benefits and Work

You can access out FAQ’s in the yellow Spotlight Area, at the top above the forum, from here :

FAQ’s

You can search the forums for previously posted topics from here :

Searching The Forum

To see potential sources of face to face advice, and representation, see :

Where to get advice?

You can access our ESA Guides from here :

ESA Guides

You can access our ESA Appeals Guide Jan 2012, from the link above, "ESA Guides",

There is also useful information on Appeals and ESA in our FAQ's, again accessible from the link provided above.

If you feel that you need help in your appeal, please see potential sources of advice, from the "Where to get advice" link, above.

I am afraid that we can not offer advice on a personal basis, but can answer general questions, please come back to the forum, if you have any such questions.

bro58

Sorry for that, thanks for the advice
Jacqui

Hi Bro, thank you for the swift and detailed response, it's looking like he does not have much to lose by asking for a review as he will lose most if not all his income related ESA money due to his IIDB. he tells me he would be happy to have a medical if I can go with him, which I am more than happy to do once I have been with him to see his GP to make sure he is up to it.
Am I right in thinking the support group is contribution based and not subject to the twelve month rule, also do you know when the 12 month rule comes in to effect?

Kindest regards Tony