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IB TO ESA

  • Karen
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10 years 11 months ago - 10 years 11 months ago #121956 by Karen
IB TO ESA was created by Karen
Hi everybody sorry but this is quite a long story.

Please can anyone help and put my mind at ease. I was on IB for nearly 20 years and back in December 2013 I received forms to fill in for Atos which I completed and sent back. I heard nothing until March this year when I noticed my benefits had not been paid into my account. (Not had a medical for over 8yrs).

I rang the benefits agency who said to me I believe you are married? I replied yes. She then said you have a dependant I again replied yes, then the benefits person (female) on the other end of the telephone said to me! well Mrs you are married so live of your husband as you are not entitled any more benefits, you was only entitled for 365 days which has now lapsed. I was gob smacked I could not believe what she had just said. I said pardon she then said if your dependant has got savings use them! I put the phone down and rang my husband crying.

I went to the CAB who rang the benefits agency who said the same but in a different manner, I was not entitled to any benefits.

(I do permitted work 10 hours weekly, earning under £80)

To cut a long story short, I rang my hospital Dr who sent me 2 letters out which gave my medical history, which is a degenerative disease I sent the letters to the main office up North.
A week later I rang to see what was happening with my claim and the lady on the phone said I have been placed in the support group for 3yrs (finally), but still no letter confirming anything.
Another week gone by and I was sent forms to be completed again which I have sent in a week ago (28th May 2014) and still I have heard nothing. So please if anybody can give me some positive advice as to what and when I will hear anything or again do I have to chase them????

Karen.
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #121963 by Gordon
Replied by Gordon on topic IB TO ESA
Karen

I've moved your post into it's own topic to avoid confusion between you and the original poster.

The forum is about to close so I will try and give what advice I can, but I need you to confirm the dates in your post as the timescales do not make sense in regard to what you have been told by the DWP and CAB.

You say that your transfer from IB to ESA started in December 2013, do you mean 2013 or 2012?

If it is 2012 then the information makes sense, to some extent, but if it is 2013 then it does not and you have been misinformed.

Do you know when you started receiving ESA payments? This is important in regard to whether you can lodge an appeal against the original Decision.

IB claimants are normally transferred to Contribution Based ESA, if you were placed in the WRAG on transfer, then this is only payable for 365 days, as you appear to have been informed, this is why the date is so important.

You say you sent two letters to the DWP about your conditions, was there a covering letter explaining what they were? Did you ask for an appeal of the original Decision, a letter can be accepted but only if you supplied all of the information required.

If you did not request an appeal, then it is likely that the DWP have treated your letters as a request for re-assessment due to a deteriorated condition, however, once again the information you have received is at odds with what has happened.

The normal procedure, unless the new evidence is clear cut, is to re-assess the claimant in full, this ties with the new ESA50 but not with your being told that you are already in the Support Group.

If you can confirm the dates when the forum opens again at 2pm or in the evening (8pm), we can off more definitive advice.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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