ESA Appeal

[bettyboop68]

can anyone help me can't seem to get answer from DWP. my esa stopped in nov 2012 after being in WRAG for a year, I should of appealed earlier but due to mental health illness i didn't realise I could. I appealed late and thankfully they accepted my appeal in December 2012 and papers have been sent to tribunal now awaiting a date for hearing. I don't get any benefit at the moment, but my CPN said as I'm waiting for an appeal I should be able to claim ESA at the basic rate?? I have wrote to DWP for advice but got no reply. Does anybody know if this is true, if so how to i got about applying for this.

[Neata]

Hi, did you have contribution based ESA ? Or income ? And your appeal is it to be put in the support group of ESA ?

Regards Neata

[bettyboop68 in reply to Neata]

Hi, I was on contribution based ESA and was in WRAG. However, I suffer with severe agoraphobia/depression/social phobia so although I made sure I attended my meetings at the jobcentre with my partner thats all I could do as I can't go out alone, so they couldnt do anything for my with regards to working. Yes I appealed against the decision, as the report from atos said i was unlikely to be able to work for at least two years, so didn't understand this. So yes I am now asking to be put into the support group.

[zipitydoo]

I think you are probably best contacting the citizans avice people as they are good with understanding the different benefits.

[Neata]

You sound to be in the same situation as I was last year,unless your put in the support group you won't be entitled to anything if your husband works ,apply for DLA and gather all evidence you can hospital and gp reports ready for your tribunal.

I worked and raised my family paid my tax and insurance and felt really angry that in my own right wasn't entitled to anything because I was married

Good luck to you I eventually won and had all the money back dated ,but its to be reassessed soon so I am gathering all my information.

Regards Neata

[bettyboop68 in reply to Neata]

thanks for your help. the lady at jobcentre said once my esa finished i couldnt claim income support etc as my husband works, however his wage isn't enough to live on but they not interested. So my CPN has wrong information then, presumably am i right then that i can't claim anything ESA basic rate then even though I'm waiting for my tribunal??

I know it's so stressful going through this, I've sent letters from my doctor regarding my condition, my CPN has done reports for me. So I suppose it's just a case of waiting for that hearing date which I gather could take months. I can understand why people give up. thanks again

[Neata]

I waited14 months for my tribunal,but got put into the support group after I appealed ATOS medical this took a few weeks,I was fortunate that DLA was awarded so I did have some money,and I was fortunate that my two sons helped out financially ,when your used to having your own income it's not.check that you may be entitled to tax credits and council tax rebate

Best wishes Neata