Hmmmmmmm ...

A wintery hello on this March Monday morning ...

Have a cl who I am helping to appeal a decision not to place her in the support group of ESA, she suffers with CFS, always a tricky one in my experience ?

Basically, she was in receipt of CBESA but this has now ceased, but she will qualify for IBESA if we do not win appeal.  Unfortunately, this predicament has left her in a financial pickle, she receives a small occupational pension and could not afford to remain in her current address if she just receives a top up of IBESA, but she can if she wins appeal and carries on receiving CBESA and her pension.

Her condition has gotten much worse since the benefit decision in early 2012 and she has queried if it is advisable for her to withdraw the appeal and reclaim ESA because this would place her in the support group or if she should continue with appeal and reclaim ESA.

Personally, i feel she should continue with ESA appeal and ask JCP for a review of her ESA claim but my concern is that we could win her appeal and she is back in receipt of CBESA but then she would be asked to attend a medical in relation to the new claim where she could be either found fit for work or placed in the WRAG once more, thus bringing her CBESA claim to an end again ?

hope this makes sense and again, any thoughts etc ...

pete

This is the thing with ESA. I call it the “Revolving door” principle

I have several clients on the go with the same pattern :
Attend WCA, fail WCA, Appeal ,wait 10 months for Tribunal. Win appeal. Arrears paid. 2 months later Attend WCA, fail WCA, Appeal, wait 10 months, Win appeal….........

Hi can you say why she would lose her home?
Is it because rent too much?
Can she ask the local goverment to make a concessionary payment?

... Just as i thought, what a pickle indeed !!!

Thank youy for your replies, as ever, and yes, good Q. , why cannot she afford the rent ? DO’H !
Will get on the case right away and thank you once more.

Keep warm !