ESA

Hi gordon and fellow members, the fish is back, for advice.
hope you are all keeping well, been following many questions by you all, now i was awarded wrag after tribunial agreed, i appealed for a mandatory consideration after speaking to dwp because i thought my condition had changed for the worst and they said it was getting close to 365 days as long as it was posted back before 365 days. Posted evidence recorded delivery
had calls from a clerk and missed them all brief message not telling me any thing other than ring for an appeal on a particular phone now. How do i know whether they have looked at further evidence sent to them mon 7th April i have past the 365 days now only on Ni contributions not entitled to anything else, i sent them new evidence, what is my next step would it be possible they haven't seen it or doesn't it make any difference any way. One very tired fish been fighting for justice for 13 months.

Nigel fish wrote: Hi gordon and fellow members, the fish is back, for advice.
hope you are all keeping well, been following many questions by you all, now i was awarded wrag after tribunial agreed, i appealed for a mandatory consideration after speaking to dwp because i thought my condition had changed for the worst and they said it was getting close to 365 days as long as it was posted back before 365 days. Posted evidence recorded delivery
had calls from a clerk and missed them all brief message not telling me any thing other than ring for an appeal on a particular phone now. How do i know whether they have looked at further evidence sent to them mon 7th April i have past the 365 days now only on Ni contributions not entitled to anything else, i sent them new evidence, what is my next step would it be possible they haven't seen it or doesn't it make any difference any way. One very tired fish been fighting for justice for 13 months.

Hi Nf,

You cannot request a Mandatory Reconsideration (MR) of an Appeals Tribunal decision.

Looking back on your previous post Here, as it seems that the Appeals Hearing was on the 10/10/13, it seems that you are out of time to appeal The First Tier Tribunal (FTT) decision to The Upper Tier Tribunal. (UTT)

It looks very much like you have requested a review/supersession of The WRAG award to gain access to The Support Group, (SG) due to a deterioration/change in your condition.

If this is the case, you would have to provide fresh documented evidence of said deterioration/change which indicated that your resulting limitations now qualify you for The SG.

See : Qualifying for the Support Group

If you cannot gain access into The SG at review, then your CB ESA payments will not be reinstated.

If you can gain access to The SG, payments of CB ESA will be reinstated from the date of the fresh decision, and will remain in payment for as long as you remain in The SG :

12 Month Limit for ESA(CB)

The only way that payment of ESA will be reinstated if you cannot get into The SG is if you are financially assessed with regards to your household income, capital, assets and savings, and your level of income falls below the means tested amount applicable to your personal circumstances.

See :

Asset rule for ESA(IR)

&

24 hour work rule for ESA(IR)

You need to request an ESA 3 Form from the DWP which they will use to financially assess you.

If you are not entitled to Income Related (IR) ESA, then you will continue to receive NI Credits which only go towards your State Pension.

In that scenario, the only way that you would be entitled to payment of ESA once more, would be to gain the necessary NI Contributions from employment, or if at some future review or reassessment you are placed into The SG.

Whilst you are in receipt of NI Credits only, you do not have to comply with any WFI's or WRA.

If you need clarification or an update of where your review is up to, you need to contact The DWP.

Sending Documents to the DWP or ATOS

I hope that this clarifies things somewhat for you.

If not, please reply to this topic.

bro58

Hi bro 58, yes that's why i provided all the extra evidence,hoping this time they dwp would actually read it, i don't understand why they want me to appeal tribunials decision again its the dwp that never looked at all the evidence i only wanted the dwp to look at it again because my condition has been sliding really badly and im having real problems

Nigel fish wrote: Hi bro 58, yes that's why i provided all the extra evidence,hoping this time they dwp would actually read it, i don't understand why they want me to appeal tribunials decision again its the dwp that never looked at all the evidence i only wanted the dwp to look at it again because my condition has been sliding really badly and im having real problems

Hi Nf,

As I have advised, you cannot appeal an Appeals Tribunal Decision to The DWP.

You can only appeal an FTT decision to the UTT if there has been an error of law. This process must be started within one month of the date of The FTT Decision Notice letter that you should have received.

See : Appealing to The Upper Tier, DR UK Factsheet

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

It looks like you may have fell victim to misinformation.

Hopefully, your WRAG award is being reviewed by The DWP to see whether you now qualify for The SG.

The forum is now closed to new posts, but you can re-post tomorrow if you still have any queries.

Please keep us updated anyway.

bro58