Reduced benefits during appeal?

[chrisn]

Can anyone confirm if your benefits are reduced if you appeal against an ESA assessment?

My brother in law has severe divicular disease, a partial colon and permanent virtigo. He can hardly walk and can not go anywhere unattended. He is also waiting to see a neurologist for examinations to his brain because its thought something else is going on there causing dizziness and disorientation yet ESA have said he is fit for work - even though the neurologist wrote a letter with his ESA assessment telling them he must not work or put any strain on himself until they sort out what is happening in his brain. He may have tumours or fluid on the brain etc and must take great care.

He spoke to the benefits office and was told if he appeals they reduce his benefits, if they do this he can not manage. They also told him " it's tough you just got to live with it" when he said he can't work because of the conditions he has.

He is reluctant to appeal due to them saying his benefits will be reduced.

[Lazydaisy]

I don't know the answer,sorry,but wanted to say how awful that is. I have had vertigo several times and it is terrifying. I have been like a ragdoll,unable to sit up or even move without vomiting due to the giddiness. To have live like that all the time must be horrendous.The strain tha he must be under now with worrying can't be helping either.
These changes are cruel,it is becoming obvious here day after day there is somebody else who is going through it.
I would be inclined to contact the secretary of his surgeon on Monday, let her kow what has happened,as well as getting in touch with Carers UK helpline,who may be able to advise you further.
good luck.

[Sassy]

My mum got put on JSA for the duration of her appeal - so I guess it's safe to say that there will be a reduction but pretty much everyone who loses ESA is going to end up on JSA for so long anyway. It's a case of being Damned if you do and Damned if you don't.

[charles47]

His money will reduce either way. If he appeals, he has a better chance of getting it back and he won't be pushed to look for work in the meantime.

[marie66]

His money will reduce either way. If he appeals, he has a better chance of getting it back and he won't be pushed to look for work in the meantime.

Yes, Charles is right!
Remember every time you sign for JSA you're saying you're fit to work and that you're actively seeking work too! When this happened to us, I told them OH was not fit to work and couldn't, in all honesty sign anything saying he was and I was not actively seeking work as I needed to be home providing the care he needs.
They accepted this, while we appealed.
Thankfully we were successful anthough it took 7 months to get it overturned!
Marie x

[chrisn]

Well the latest on this is that my brother in law has chosen not to appeal BUT has another problem which we dont know how to handle.

He has had the ESA stopped and a letter saying its stopped and it say he has to apply for job seekers. He went in to the job centre and was told their system says he is still on ESA however he put in the claim for job seekers and now they say due to a huge backlog he wont get his claim processed for 6 to 8 weeks.

During this time he no longer has any income whatsoever from benefits and I am having to buy food for him out of MY benefits to help him. How in the hell can they justify not paying him anything when the law states people must have a certain amount of money each week to live on? All they say is that they cant move him to the front of the queue and that nothing can be done - he has to wait!!!!

He is now being treated for depression on top of all his other illnesses and we dont know what to do, he cant get an appointment with citizens advice for over a week as they are busy too.

Any suggestions are welcome please. Thanks

[NanaNana]

If there is any question over payments, the money is always reduced whilst the investigations are going on, because if they find that they've been paying too much, then it causes an overpayment which you have to pay back. At the end of the investigations any money owed to you over this time, will be paid when they adjust your money.

As far as I know it's always been like that, ever since I worked in the dole office in 1980's and it was always the 'social' money which was forever being suspended from people. I know, because we had to send the money forms back to the DHSS out of people's files. No form telling us to pay 'social' money in the file from DHSS, meant that we weren't allowed to continue paying it. We were never told why, just to tell the claimants to ring the DHSS if they didn't get their normal money.

It's fine for them to play 'catch up' with monies afterwards, but what do people do in the meantime?