Contribution based ESA

I receive contribution ESA at £71.20 pw while I'm appealing the medical that says I'm not entitled to ESA full stop

Problem is I have now received a letter stating my ESA will stop on 6 June 2013 as I will have reached the 365 day limit on contribution ESA for the work related group. But I'm not currently in this group.

My understanding is if I get into the support group my benefit won't stop.

Can anyone tell me will the appeal if successful re-instate it if I get into the support group.

Really worried as even though hubby is working this will make finances really tight if I lose this

21 Replies

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  • i gave up on it! i had atos medical guy come to me then had a letter stating i was stopped esa??? WHICH I HADNT BEEN RECIEVING ANYWAY!!####( when i called them to say i hadnt been getting it he said oh ur contribution based and thats stopped as of may last year?????confused .com! he said yes you hadnt been sending medical certs in ! to which i replied i didnt know i had to! and what then was the examination from atos for??? he couldnt understand ! i dont think they know there elbows from there a'&se really!

  • ask for full written reasons ,do you have an occupational pension . and you can ask for a mandatory reconsideration .after you get full reasons.

  • Hello, I don't know much about ESA but why are they stopping it but can your GP sign you off again or have you run out of Contributions or maybe you could go on Income support instead? I would go to Citizens Advice for Support! But could you not go onto Jobs seekers Allowance? Don't know if I've been any help but Good Luck and let me know how you get on? Aisha x

  • Aisha the rules for contribution ESA changed last year if you are in the work related group you can only claim it for 1 year then it stops read it here:

    dwp.gov.uk/adviser/updates/...

    But if I get into the support group I'll still get it

    Fairytails to be honest if we didn't need the extra to pay our mortgage I'd have given up too, problem is hubby's on a nil hours contract and isn't always guaranteed the hours so the ESA helps

  • Oh and no I can't reclaim ESA on the same contributions and as hubby is working I wouldn't get income support or JSA

  • If you win your appeal, ie put in the SG they will pay the arrears they owe you for a period of 1 year. After that, you can claim income based ESA, here they will take account of how much money you have coming into your household, any savings etc.

  • ty esgestapo I wouldn't get that either due to hubby's income we just fall outside the brqacket

  • if you get put i sg your money will continue indefinitly i went through appeal to be in support gbutional that is for 1 year hope this helpsroup in nov honey backdated and paid a higher rate and a recomendation from tribunral not to be eassesed for 2 year its only wrag that contrbution based that lasts 1 year hope this helps

  • ty linlit great to hear from someone who has been through it, now all I need to wait for is the appeal and hope it's before June cut off - DWP finally sent papers to tribunal just before Christmas so goodness knows when I'll actually get the date for the hearing.

  • I have just been informed that my ESA has stopped (a week after the last payment was due) because I share a house with another person. The ESA department are saying we are in a relationship when we are not. Now all I have is my DLA. My house mate has informed me that If I no longer recieve housing benefit (ESA needed to claim this) then I will have to move out). I am appealing their decision but what am I supposed to live on in the meantime ?

  • What group were you in Hollykarma?

  • Scratch the above, the rule changed in April 2012, if you are put in the SG then you will continue to receive contribution based ESA.

  • I was originally in the work related group based on my contributions. I claimed income based ESA at the end of last year when the other stopped. I am not able to get out of the house on my own. I can't lift my arms. I am in constant pain and yet they still put me in the work related ESA. The trouble is that now I have nothing. I had worked all my adult life until 2 years ago, but now I need help I can't get any. I have no money for food and now I am going to lose my home. What can I do ? They won't believe that I am not in a relationship with my housemate. They won't believe that I have to pay half the rent and bills. I appealed against being put in the work related group last year and was told it could take up to 12 months to go to a tribunal. I am still waiting for my hearing !!! I might as well kill myself because I have nothing. The stress is too much and I can't see any other way out of this.

  • Whoever is trying to kick you out of your home can't do that without giving some form of official notice in writing. You need documentation to prove you are a rent paying tenant who is facing possible eviction. The council have a duty to cover your housing costs, at the very least they have to make payment to prevent you from being made homeless.

    As you have an appeal pending you are still entitled to housing benefit pending your appeal.

    I think you need to see the council about paying your HB, although I fear this was cancelled when they accused you of cohabiting. Bring proof of your appeal to show you are claiming ESA. And deny any form of relationship exists other than that of Landlord and tenant.

    If you have a local CAB, visit them for advice first.

    Above all, hang in there.

  • I was being migrated from IS to ESA till they told me I was fit for work. Now I need to appeal but my money is going to be cut by over £38 per week! I cut my finances back as far as I could when I got my Motability car last year and I'm beginning to think that the only way I'm going to survive the appeals process is to hand my car back! I don't want to as I rely on it for my mobility but as I'm not going to be able to afford petrol, there seems to be little point in paying for it to sit unused outside my home while I choose between eating and paying bills.

    One of my friends said I should hold on to it as I was so depressed when I couldn't get out while I was without a car after my old one had to be scrapped but I don't see what other choice I have? I gather the appeals process takes up to a year?

  • The appeals process is very long due to the high volume of appeals, my last appeal took over 12 months to get to tribunal as it was cancelled twice by the TS. I was in appeal when ATOS contacted me to attend another medical, talk about a right mess.

  • I'm hoping that as my GP filled in the following letter it'll help my appeal even though DWP ignored it.

    I'd strongly suggest everyone uses this and get the support of your GP.

    "To whom it may concern

    Following this Work Capability Assessment I may be found

    fit for work

    or

    placed in the WRAG (work related activity group)

    In my opinion this will be contradiction of my own General Medical Practitioner’s knowledge of me over time, clinical assessment and medical certification.

    My General Medical Practitioner is the custodian of my primary medical record which has been accumulated during my lifetime in the UK

    My Past Medical History and current problems include:

    1

    2

    3

    4

    5

    I am of the opinion that exceptional circumstances Regulation 29 may apply:

    ‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’

    Or with regard to the WRAG group decision that regulation 35 may apply:

    ‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’

    I am of the opinion that substantial risk exists because:

    Yours sincerely

    (Patient’s name)"

    got from here

    blacktrianglecampaign.org/2...

  • Oops sorry the GP letter is this

    To whom it may concern

    I am this patient’s General Medical Practitioner and the custodian of the primary medical records they have accumulated during their lifetime in the UK.

    Following a recent Work Capability Assessment this patient, in contradiction of my own knowledge of the patient over time, clinical assessment and medical certification was found:

    fit for work

    or

    was deemed to have limited capability for work and was placed in the WRAG (Work Related Activity Group)

    The patient’s Past Medical History and current problems include:

    1

    2

    3

    4

    5

    Although this person has been deemed “fit for work” I am of the opinion that exceptional circumstances Regulation 29 applies:

    ‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’

    Or

    With regard to the limited capability for work (WRAG Group decision) that regulation 35 applies:

    ‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’

    I am of this opinion because:

    I disagree with the outcome of your assessment and support my patient in their appeal against your decision.

    Yours sincerely

  • We are joint tenants, not landlord and tenant. He will not be able to pay the rent and bills if I can't pay half, so he will have to get someone else in. The ESA department don't care that I will become homeless. I have tried to contact local CAB, but there is never any answer, there isn't even any voice mail now to get them to call me back. I can't go to the CAB office as I don't have any transport and no money to get a taxi. I can't get a bus as my mobility is too bad for that. I could understand being treated like this if I was a benefit scrounger, but I'm not. I worked all my adult life until 2 years ago, when the pain became too much. I had a letter today telling me that they had looked at it again and will not be reversing their decision. They were supposed to send me an appeal form, but that didn't arrive in the post !!!

  • you can download the gl24 from here dwp.gov.uk/docs/gl24dwp.pdf

  • Ive just gone through this myself Bodeia, i lost my 1st appeal but appealed again and won. they will stop ur money, bang stop!! no warning, dont give up tho, when you go to ur appeal just tell them how it is, i got letter couple days later to say id been put in the support group and money went up and wont be assed again till 2014. The group im in means i dont have to go on the back to work scheme. Bodeia get some help, i went to Welfare Wrights and they have been great and they go to the assesments with you and any appealls with you, great support. Also they help you fill out any forms. Good luck with this, DONT GIVE UP. xxxx

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