won esa appeal

hi i was on esa contribution based i won my appeal with the tribunal and thought great they owe me backpay how wrong was i? then a letter came from dwp saying i had the maxium 365 days pay from nov 12 i was then accessed and failed my medical and then told me i have 0 points so my income based contribution allowance was stopped then i appealed and won and got 18 points because it was a ongoing claim i get no money dont seem right as they stopped my esa are they right dont seem fare any addive would be helpfull im confused ? arrrrrr

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  • Hi I am with you it doesnt seem fair afraid I dont know the answer perhaps you could chat to citizens advice or ask Emma at Fibroaction she is very good at this sort of things.

    gins

  • Susan, good morning, I think the very best thing for you to do right now is to get yourself in touch with the Citizens Advice and get them to have a look at this, failing that, I assume you have all the relevant paper work, then write to your MP and get them involved, Several cases I know of have been resolved this way. Good luck, and I so sorry for the stress that is must be causing you !

    My view is that the whole system is so up the spout that the the DWP don't know which was is up !! The assessment system is corrupt and rubbish, and even when they've made what seems to be a permanent decision it's all change again at the drop of the hat. Iain Duncan Smith needs to take a long hard look at the realities of the whole thing and get competent and knowledgable people with sympathy for the ill people they are dealing with in to sort the whole mess out........ I despair !!!! :-( :-(

    Foggy x

  • Contribution based ESA is only for a year. If you were put into the work group, that is how long you get in that group, e.g. a year. If you were put into the support group, even if you were on contribution based ESA, you will continue to be paid. In this group they consider you too ill to work even in the future.

    There are two types of ESA, contributions based, e.g. you have worked 30 years, and paid enough National Insurance stamps. This is only paid for a year and Income support, which means you have not paid enough NI stamps, so your money does not stop.. So even if they took a year before assessing you, your money will stop. The tricky part is, I suspect that you had claimed, and they waited a year before they assessing you. I think they are sneaky. Technically, you should only be in the assessment phase for three months, and after that, you should have been assessed and in either group, Wrag or support on the 14th week, so you then get the extra money. Wrag, £28 a week extra, or support, £35 a week Extra. The tribunal was right, you should have had the back pay, but as to what amount you should have got, is not simple, as it would seem you have not been in either group for some time.

    What group were you in when they assessed you and you failed? Had they told you what group you were in and how long did you wait in the assessment phase, more than three months?

  • Hi iwas in contribution based for a year then had the letter that I have reached the maxium of 365 days and I would no longer be paid then had a recess meant form I filled out sent for a medical and failed then I won the tribunal I was in the work relative activity as it was on going claim I get nothing I gave the dwp a phone call because I was on other benifit and according to my contribution forecast I have enough so dwp are sending me new form I think it's about top up premiums £28 a week and something to do with me having enough ni contributions any views on that if u have any would be helpfull getting into a support group is very difficult the system is so in fare !

  • Hi i was on the contribution based after 12 mths i went onto income based i am in the wrag group but am really having trouble with neck and shoulders my rhummy said got it all across neck left collar bone and shoulder every job io know of u need to use ur arms my elbows are worse as its like electric shocks in them i want to try to get into the support group plz cud u tell me how i go about trying

    thanks

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