Please would you clarify a point for me and countless others regarding successful appeals.
Many people make their appeal as per the rules and time limits. Many of these claims are made by people who are initially assessed as being in the Work Related Activity Group.
The appeals can take a very long time. In my personal situation I had the assessment in March 2012, I was put into the WRAG on Contribution Based ESA as I have worked until I became to sick to continue with my career in Law. My first appeal to the decision maker was unsuccessful so I did as advised by my Personal Adviser and made an appeal to the HMCS Tribunal. The appeal was lodged and I waited for a response.
During the time between the the tribunal service receiving my appeal I kept them updated as to my continuing deterioration. I waited over 6 months and still no date. My contribution based benefit was coming close to 260 days. My ESA contribution based was due to end in March 2013, still no appeal date received. Unfortunately my husband was made redundant and I was advised to claim for my husband and he claimed Carers Allowance. I was then on means tested benefit as my 365 days were up on my contribution based ESA.
This was at the end of March 2013, still no date for the tribunal.
I then received my appeal date in May stating I would have my hearing on 13th July 2013. I was successful in my appeal and was put into the Support Group with a recommendation that I was not assessed again for at least 18 months.
The day I received the confirmation of my successful appeal I also received an ESA 50 form to complete. I telephoned my local JCP and was told I must complete it and to mention the appeal result in the section where any further information can be written.
My query and that of many others is this; as the appeal tribunal assess and decide the appeal based on how you where on the day of the initial assessment and if the appeal is granted there will be a back payment of any benefits you should have had. Does this also in turn put you back into the Contribution based benefit as though you had been put in the support group originally and thus had not been through the means testing?
If ones partner then whilst you are in the support group obtains new employment will the claimant thus retain their ESA on a Contribution based calculation?
I look forward to hearing from you with clarification of the above.
I will post their reply when & if I receive one