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Thread: CB esa appeal and claiming UC

  1. #1

    CB esa appeal and claiming UC

    Been claiming CB esa since 2015 due to depression and anxiety. Had to go to tribunal as they said I was fit for work and was awarded support group.
    Got sent form for reassessment in April 18. Filled in and sent back. Got letter telling me my assessment was in 5 days from receipt of letter called and rearranged due to needing longer to prepare and so partner could take time out of work to come with me and so I could arrange extra nursery sessions for my twins.
    Got to assessment to be told there was a minimum 2hr delay and it could be longer which triggered a breakdown. We rearranged the assessment. Went to assessment, was a state before we got into the appointment, got through 45 mins of questioning, double checked my notes to make sure we’d not missed anything and left fairly satisfied we’d got our points across. Ha! Once I got the paperwork from the assessment it was clear they had missed out anything to do with coping with change or the breakdown I suffered while at the assessment centre and it’s a large part of my claim!
    Received decision which was to take me from support to WRAG due to scoring enough points in other areas. Sent mandatory reconsideration with extra letter from my doctor. Received decision saying no change the day I got out of hospital after having my baby boy. Was in no fit state to appeal. Went to see CAB and got help with appeal letter. Appeal has been granted so now I’m waiting on a court date.
    Due to claiming CB esa payments have now stopped as I’ve reached the 12month cut off for CB payments and due to partner working can’t claim IR esa.
    Does anyone know how it would work if we were to claim UC now but then at appeal be granted support CB esa? I’m worried if we claim UC we won’t get any back pay for the CB esa. Thanks in advance for any information!

  2. #2
    Senior Member nukecad's Avatar
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    Jun 2014
    West Cumbria (Lake District)
    Got sent form for reassessment in April 18
    I'm not sure from that given date that your CB ESA WRAG should have ended just yet, although it should be coming to the end.
    (Unless you had a very quick reassessment process and it doesn't sound like it was).

    It should be 52 weeks from the date of the WRAG decision.
    What date is on that first letter telling you they had only awarded WRAG? The 52 weeks start from that date.

    Moving on to your questions,
    First lets deal with the (late) ESA appeal, the situation with that would depend on the outcome of your appeal.
    (Just for now let's imagine that you don't claim UC, we'll get to that later).

    • If the tribunal awarded you Support Group again then you would go back onto CB ESA SG, with backpay to theoriginal decision date (but they would deduct what you'd already been paid as CB ESA WRAG fron the backpay).
    • If the tribunal confirmed WRAG then you could not get IR ESA WRAG because of your partner working, as you already know.

    Claiming UC.
    You might want to try running your current circumstances, without the ESA, through one of the online benefits calculators to see if you would be any better off on UC than you are now. (With a working partner you may find that you wouldn't be).

    As far as the ESA appeal:
    I don't see that making a UC claim in these circumstances would have any affect at all on the ESA appeal itself, and the 2 possible outcomes remain as above.

    There are two things to bear in mind about that though:
    1. If you did claim UC and then got ESA Support Group back at appeal it would mean that there would have been an overpayment of UC and they would want it back.
      This is because payment of CB ESA is counted as 'unearned income' for UC purposes and so is deducted £1 for £1 from UC payments.
      They would usually just recover this by not paying any ESA backpayment for the time you were claiming UC, (only backpayment for before you claimed UC).
    2. If you applied for Limited Capability with the UC then it's likely that they would send you for a new Work Capability Assessment.
      That would mean that any decision made at the ESA appeal would only apply up to the date of the new, UC, WCA decision.
      (But the new WCA decision could be an improvement on the appeal decision).

    I would take very careful advice before claiming UC, possibly go and see your CAB worker who is helping with your appeal.

    Personally, I think I would wait for the outcome of the tribunal and then see what my options were.
    Once you know that result then things will be simpler to work out what will be best.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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