Upper tribunal won, not sure about esa backdated.

[austin1967]

hi can anybody please help.

I finished work oct 2011 applied for esa had assessment 0 points so appealed,

went to tribunal which I did not go and lost. it come to end of year got no money after year was up

and went on to ib esa getting .20p a fortnight, so I applied for esa again had a assessment 0 points again. so I had to go on jsa to get money. while on jsa I went to another tribunal and lost, meanwhile

the upper tier come back for a retrial. had it at the end of july and after 2 mins won to wrag . it was the same juror who turned me down twice. I know wrag is only for a year but if I had won the second time I would have not had to go onto jsa.

so my question is can I claim from nov 2012 for second esa.

 

ps sorry if its complicated

Edited August 8, 2013 by austin1967

[austin1967]

should I appeal as I have blackouts fallen down stairs with my 1 yr old , broken plates need supervision now. anxiety and bad anger issues. can only walk less than 5 metres before I have to stop , letters from doctor saying I cannot go on public transport aswell.

[honeybee13]

Hello there.

 

I'm sure someone here will know the answer, but they may not have seen your thread yet. I'll change the title so people know what you're asking, that might get you more replies.

 

My best, HB

[austin1967]

thank you

[austin1967]

always a help as usual honeybee

[honeybee13]

. I hope someone comes along soon with answers for you. Some people don't turn up until later in the day.

 

I'll keep an eye on this and make sure you're getting on OK.

 

HB

[**Margaret**]

:austin1967:

 

Sorry, from what you've written I haven't a clue as to the history of this claim. Or whether you're entitled to employment n support from Nov 2012. Not helped by the confusion between reconsiderations and appeals. Any chance of a month/year timeline of claims, Atos assessments, appeals to the Tribunals Service?

 

In the meantime, do you currently have an award of employment n support allowance with the work related activity component (WRAG) based on either national insurance contributions or lack of other income? If so, and you feel your health has deteriorated since your last ESA50/trip to Atos you should write to Jobcentreplus to ask for a new decision (supersession). In due course they'll assess whether you've limited capability for work related activity (the support group). The criteria for the support group are at pages 10 - 12 and 25 - 27 of;

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

 

Best wishes, Margaret.

Edited August 8, 2013 by **Margaret**

[austin1967]

get that to you asap Margaret, many thanks

[austin1967]

been on esa from 2011 oct tribunal won. not yet paid expected aug 29 2013 expected after upper tribunal win.

money stopped end of 365 days oct 2012

income related oct 2012 till dec2012 receiving 20p a fortnight.(could not live on that)

jsa dec 2012 till june 10th 2013.

june 10th 2013 esa no assessment yet.

 

I have been told I have to move income related again. how do get national insurance contributions to get esa contribution.

sorry please help.

Edited August 27, 2013 by austin1967

[**Margaret**]

:austin1967:

 

Still as clear as mud. Employment n support has to be the most complex benefit on the planet!!

 

Contributions based award from October 11.

 

Income related award from October 12. Continual claim from October 11? Or a new claim?

 

Date of the Jobcentreplus decision to disallow, that was subsequently revised by a tribunal?

 

Following the termination of a contributions flavoured award of employment n support there's two possible routes to a further award. Working and paying national insurance contributions or, in limited circumstances, national insurance contribution conditions are waived if the claimant's condition deteriorates to the extent they've limited capability for work related activity.

 

Margaret.

[austin1967]

I have deteriated since 2011 thanks for input.

[swinginapig]

should I appeal as I have blackouts fallen down stairs with my 1 yr old , broken plates need supervision now. anxiety and bad anger issues. can only walk less than 5 metres before I have to stop , letters from doctor saying I cannot go on public transport aswell.

Your post is very confusng..... are you saying you went to the Upper Tribunal on a point of Law??? if so...you cannot appeal again to overturn their decision....

[abc123def]

The title of this thread says the Upper Tribunal was won, on that point of law, so they wouldn't want to appeal that decision as they won it.

[swinginapig]

The title of this thread says the Upper Tribunal was won, on that point of law, so they wouldn't want to appeal that decision as they won it.

So why are they asking if they should appeal the decision???? I was only giving the answer that they cannot appeal this decision from an Upper Tribunal. From what I understand they wish to appeal the Upper Tribunal decision to be placed into the Support Group instead of the Wrag Group because of a deterioation in their health.

Edited August 28, 2013 by swinginapig

[Nystagmite]

I'm also confused.

 

If your condition has worsened, you can write to the DWP and ask for your ESA to be looked at on the basis of a change in circumstance.