Advice needed

Mark wrote: I am looking for some advice, with the (ib) to esa saga. On the 21st of December last year following an atos assessment I got transferred from Incapacity benefit and placed in the wrag os esa. In January I wrote asking them to reconsider to be placed in to the support group. Today i got a letter back from them saying they had looked at it and the original decision still stands. I have been on (IB) for about five years now following an operation on my spine, and am currently awaiting another operation for the same problem. I have very bad nerve damage to my back and leg which is not going to get any better with the operation but they seem to think i will be fine after it. From what i understand I now need to appeal but my head is spinning with all the hassle. I rang the DWP this morning to ask what happens at the end of the 365 days i have been granted ESA to be told "your money will stop" with no further advice.

So I know this post might be missing important information but any help would be very gratefully appreciated as now I'm worried about how my family will manage when my money stops

I am going to take your comment that you asked for a Reconsideration literally, this being the case, you still have the option of appealing the Decision if you can show that you meet the criteria for the Support Group. Any Appeal will be based on your condition as it was at the time of the Decision, and will therefore ignore any improvement or deterioration in your condition that might result from this new operation.

Payments for ESA(CB) are limited to 365 days while you remain in the WRAG, this is not an appealable decision. However, if you are also eligible for Income Related ESA, then you will continue to receive payments, ESA(IR) is dependant on your household income, your assets, and any hours that a partner works.

If you do not qualify for ESA(IR), then you will receive NI Credits that count towards a full State Pension. Providing you maintain your claim, if at any time in the future your condition deteriorates such that you can show you meet the criteria for the SG, then you can ask to be re-assessed, and if successful, your ESA(CB) will be re-instated and will remain in payment while you continue to qualify for the SG.

As you were previously on IB, you will not be able to make a new claim for ESA(CB) as you will be unable to meet the NI Contribution requirements without working.

I hope this explains it.

Gordon

Mark wrote: Thanks for the reply Gordon. What I am really looking for is help to start the appeal process as I seem to have been surrounded by this now for months and my head can't keep up. Also If I appeal and it's not successful at the end of the 365 days will I be able to claim income based esa or is that the end of it and you have you claim jsa. It is not possible for me to work so I don't know how we are going to cope if this the case. We don't have any savings to speak of and my wife looks after our children but I'm still not clear on the criteria to claim income based. The lady I spoke to today from dwp was less than helpful and left me more confused than when i rang up.

With regard an appeal, see 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 guide is on the following link

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

With regard your claiming ESA(IR), this would be at the end of the year. The DWP should send you an ESA3 to complete, but you may need to chase them on this. See also

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

Income is defined in the traditional sense, but would include anything that your wife brings into the household.

Gordon