My appeal - awarded 15 points in my absence.

Had my Atos health assessment last October and received the usual “nil pointe” so I lodged an appeal.

I was informed by the tribunal office that my appeal was not likely to be heard before Oct 2012. Then I received a letter at the beginning of July giving me less than 3 weeks’ notice to attend. My girlfriend, who had offered to be my representative and had been helping me with my case, could not get the day off work to accompany me plus we had not even finished the statement. However, it must be said that the tribunal were very sympathetic in refusing my request for a postponement! Unable to cope with such an ordeal on my own, I had no option to inform the tribunal I would be unable to attend. We completed my statement as best we could and sent it on to the tribunal. My appeal was heard a month ago and I was awarded 15 points in my absence, which I assume places me in the WRAG group. Thank you for all the information and advice given by everyone at B&W.

As a matter of interest, once I had received my ever-so friendly home ‘phone call from the DWP with the gentleman making sure to call me by my first name before informing me that I was not entitled to receive ESA, I received a P45 in the post within 5 days. It’s now been a month since my appeal and I’ve yet to hear a thing from the DWP – funny that.

Does anyone know roughly how long the DWP will take to reinstate my benefits? I'm worried that that the DWP will do nothing until October, asess me again, award me nil points, stop my benefits and allow the whole appeal procedue to start again - anyone had this happen to them?

Regards,
Keith.

hurcouk wrote:

Had my Atos health assessment last October and received the usual “nil pointe” so I lodged an appeal.

I was informed by the tribunal office that my appeal was not likely to be heard before Oct 2012. Then I received a letter at the beginning of July giving me less than 3 weeks’ notice to attend. My girlfriend, who had offered to be my representative and had been helping me with my case, could not get the day off work to accompany me plus we had not even finished the statement. However, it must be said that the tribunal were very sympathetic in refusing my request for a postponement! Unable to cope with such an ordeal on my own, I had no option to inform the tribunal I would be unable to attend. We completed my statement as best we could and sent it on to the tribunal. My appeal was heard a month ago and I was awarded 15 points in my absence, which I assume places me in the WRAG group. Thank you for all the information and advice given by everyone at B&W.

As a matter of interest, once I had received my ever-so friendly home ‘phone call from the DWP with the gentleman making sure to call me by my first name before informing me that I was not entitled to receive ESA, I received a P45 in the post within 5 days. It’s now been a month since my appeal and I’ve yet to hear a thing from the DWP – funny that.

Does anyone know roughly how long the DWP will take to reinstate my benefits? I'm worried that that the DWP will do nothing until October, asess me again, award me nil points, stop my benefits and allow the whole appeal procedue to start again - anyone had this happen to them?

Regards,
Keith.

Hi K,

I have read on rightsnet, that backpay owed as a result of Tribunal decisions is taking as long as 8 weeks to be paid to the claimant.

If you have not already done so it may help if you send a copy of the Tribunal decision to the DWP office dealing with your benefit, see :

Sending Documents to the DWP or ATOS

As you may know, any backpay owed should be paid from the date of the original adverse decision that you appealed.

It is also worth remembering that if you have now been placed in the WRAG by the Tribunal, that you will be classed as having been in the WRAG since the date of the original adverse decision also.

bro58

Hi K,

Without wanting to put too much of a dampener on your successful appeal, as it appears that the original decision to find you fit for work was circa October 2011, and you will now be classed as having been in the WRAG since that time, this information may be of interest to you :

12 Month Limit for ESA(CB) Updated 10/03/12

Of course, the 365 day limit only applies to claimants who receive Contributary ESA in the WRAG, not Income Related ESA in the WRAG.

bro58

Hi bro58,

Thanks for the reply.

Please could you explain the dirrerence between ontributary ESA in the WRAG and Income Related ESA in the WRAG?

Thanks,
Keith.

Contributary ESA depends on having made enough NI contributions in the qualifying tax years (and is also given to people who were on IB and have successfully transferred to ESA). Income and savings have no relevance to this but it is only given for 365 for those in the WRAG. Income related benefit can be paid if contributary conditions are not met but the claimant has a low household income/savings, there is no time limit with this.

At the end of the 365 days contributary WRAG the claimant should be assessed to see if the criteria are met for income related ESA.

hurcouk wrote:

Hi bro58,

Thanks for the reply.

Please could you explain the dirrerence between ontributary ESA in the WRAG and Income Related ESA in the WRAG?

Thanks,
Keith.

Hi K,

If you have been migrated over to ESA from IB, SDA, or Income Support on the grounds of ill health, this link explains it.

What will I be transferred to?


If you are not a "migrant" as above, and it was a fresh claim for ESA then you would be entitled to Contributary ESA, if you had the necessary NI contributions from employment in the necessary two years.

If you do not have the necessary NI contributions, it would be Income Related ESA, similar to the old Income Support on grounds of ill health.

To be entitled to IR ESA you must pass a means test.

See :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

bro58