Pension disregards

phil67 wrote:

is there not a rule if you were on ib before 2001 a pension does not count?

Yes there is, if this applied to you, and you are successfully transferred to ESA, then your pension should continue to be disregarded for ESA(CB) as long as you remain entitled or until 2020.

Gordon

phil67 wrote:

thank you Gordon,ive just been placed into wrag,i phoned asking for a decision re-look,just got phoned from someone from the dss and he said I would be better just appealing the decision is he right?

If you wish to challengs the Decision then you have two options.

You can request a Reconsideration, a new Decision Maker will look at all of the evidence to see whether they can change the Decision. You can submit new evidence and clarrification of your ESA50 and this should also be taken into account.

You can request an Appeal, first a Reconsideration will be done (see above), and if the Decision remains unchanged, your papers will be submitted to the Tribunal Service for a hearing.

Our usual advice is to appeal, you lose nothing by doing so, and would be expected to gain 3-4 weeks at least in the time taken by the process. Also, you may struggle to find additional evidence with the 4 weeks that the DM may allow you during the Reconsideration phase, whereas, with Appeals taking at least six months to be heard, this is usually achievable.

If you are looking at an appeal then you should have a look at the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Our ESA Appeal and Claim Guides are on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon