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Esa
- Mrs sewingbee
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- slugsta
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Welcome to Benefits and Work
From what you say, you were put into the WRAG again this time? You should have been sent a new ESA50 before you were seen face2face, it sounds as if this did not happen?
You will need to ask for a Mandatory Reconsideration before you can appeal. You will need to show how/why you meet the specific Support Group descriptors.
Mandatory reconsideration FAQs
Qualifying for the Support Group
Is there any risk to challenging a decision?
I'm afraid that payment will stop as planned unless you are entitled to income-related ESA. This will depend on the income and assets of yourself and any partner with whom you live, partner's working hours would aslo be taken into account. If you think you might qualify for income-related ESA you should contact DWP and ask for an ESA3 form which will look at your financial affairs. Otherwise, you will only get NI credits made in your name until/unless you are allocated to the Support Group at a future reassessment.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
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- Mrs sewingbee
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- Gordon
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Mrs sewingbee wrote: Hello Mrs Hurtyback, think I did not explain well, I migrated from IB to Esa last year and is now coming to an end early may. I informed DWP in Feb of coc as deteriation to health expecting probably another ESA50 to complete, all what happened was I was called in for Atos medical 3weeks ago but have been told my Esa will still end May. it seems to me calling DWP with COC was a waste of time.The "nurse" went from an Esa 50 I completed last August. I rang DWP and asked would the nurse not know that i had informed them of COC which the answer was no and he also said that I did not have to complete a new Esa with COC. So confused.. What do I do next please
Your dates, don't make sense

You say that you were migrated from IB to ESA in May 2013, why did you complete an ESA50 in August 2013?
If this was a re-assessment of your claim, then the latest Decision was the result of this and not your CofC
This being the case, the situation is now quite complicated because any Decision now made by the DWP is based on information that did not include the CofC but does encompass the period in which the CofC occurred.
The difficulty you now have is separating the two from each other as the DWP can reasonably assume that have now made a Decision that includes your CofC.
I would start by phoning the DWP and asking for a call back from a Customer Manager, you need to explain that you did not realise that the re-assessment was still outstanding and therefore did not submit evidence in regard to your CofC to ATOS and the DWP in regard to this assessment. Your CofC only occurred this year and that you want to be re-assessed now this basis.
If you feel up to it, let us know how you get on.
Gordon
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- Mrs sewingbee
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- Gordon
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You need to give some thought as to how you proceed. Things that you need to be aware of;
- You will only be given four weeks from when your Mandatory Reconsideration was accepted to submit new evidence, it may be possible to get this extended but you are at the mercy of the DM, and you will still be stuck with the original ESA50 and what it says.
- If the MR does not overturn the Decision you will have to go to appeal, appeals are running at about six months across most of the country.
- If you include your current deterioration in the MR and lose then you have no second bite of the cherry
- If you go for a new assessment then it could take months, we have members who have waited 9 months for an assessment and are still waiting.
- If you are not eligible for Income Related ESA, your ESA payments will still stop in May and will not be re-instated unless you are placed in the SG.
Gordon
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