- Posts: 51284
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- ESA WRAG abroad and DWP misadministration
× Members
ESA WRAG abroad and DWP misadministration
- Gillian Denham
- Topic Author
11 years 3 weeks ago - 11 years 3 weeks ago #120696 by Gillian Denham
ESA WRAG abroad and DWP misadministration was created by Gillian Denham
I have got into a right old pickle with the DWP...I think it is quite common...BUT, I legally exported my IB and DLA High rate to Spain and gave up my High rate mobility. At the end of Nov 2012 I was sent and completed ESA50 (have had psoriatic arthritis for 8 years plus) and was put into contribution-based WRAG. Notified DWP immediately I would appeal and was sent appeal form in May 2013. They also made decision before they told me to go to medical in Spain, which I couldn't attend as by the time I got the lappointment date the appointment date had passed. I have asked on numerous occasions for the details of decision maker's reasons, plus ATOS 'points scoresheet'. Have been told on many occasions it had been sent but not so. I kept reminding them that appeal was still pending awaiting their documentation, as it's difficult to appeal when you have no details to base it on. In the meantime I have developed further health issues, which spanish specialists are still debating whether is Fybromyalgia. DWP constantly updated at every development. I asked if I should submit new ESA50 as health so much worse, but told to send in further medical reports and how condition affected me day-to-day, which I did early this year. In the meantime, the DM and ATOS papers miraculously appeared in the post...no date, no letter...on the basis of my ESA50, awarded 15 points on section 1 mobility but put in WRAG as 'can use crutches' allegedly/ Total points 81. They maintained original decision and sent papers off to tribunal...I have no copies of them either. I have reminded them 3 times now that original decision I am appealing was pre 28 October 2013 changes and therefore should be paid whilst appeal pending. They stopped it at end of March. No letter advising me in advance of end of 365 days. no advice on other available benefits. Am at wits end and could really do with some help/advice.....please!
Last edit: 11 years 3 weeks ago by . Reason: Tick.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
11 years 3 weeks ago #120701 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA WRAG abroad and DWP misadministration
G
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'll try and deal with all of your points one at a time, but I am a bit confused by some of your post so I may need additional information.
I'll start with your payments as it is probably the easiest.
Having been on IB you will have been transferred to Contribution Based ESA, as you were placed in the WRAG this is only payable for 365 days, the DWP should have notified you of this, but they rarely do so I am not surprised that you have been missed.
I'm not entirely clear when the Decision on your claim was made, sometime between November 2012 and May 2013, I am guessing from your post that payments have now stopped.
I am afraid that even though you Decision was before October 2013, you are not entitled to payment. Your cannot receive ESA(CB) because of the time limit and you cannot receive Income Related ESA because you are outside of the UK. As far as I can see you are not entitled to any other UK benefit in regard your sickness, you cannot claim another Contribution Based benefit because you will not have any NI Contributions in the required years and you cannot claim any other Income Related benefit for the same reason as ESA(IR). See below.
With regard the details of the Decision; I would expect there to be an LT54 completed by the Decision Maker and some form of ESA85 completed by an ATOS doctor, if you were assessed in Spain there should also be copy of that doctors report. The LT54 may or not explain the DMs Decision. I am afraid that this is as good as it is likely to get, this is not a result of your being abroad, it is just down to the fact the DWP regularly fail to document their decisions in any detail.
From what I can see the DWP have completed their Reconsideration and have passed your papers to the Tribunal Service. This being the case you should contact the TS to find out was is going on with your case, at the least I would expected them to contact you to confirm whether you wanted to continue with the appeal and whether you had a Representative.
There is more information on this in our ESA Appeal guide, even though you are based in Spain the process will not differ significantly.
www.benefitsandwork.co.uk/help-for-claimants/esa
To be placed in the Support Group you need to show that you meet the SG criteria that applied at the time that you were placed in the WRAG, without a firmer date for the Decision I cannot specify which version of the guides you should use, but the are all date labelled so it should not be too difficult to work out.
If your appeal is successful and you are placed in the SG then your ESA(CB) will be re-instated from when it was stopped and you will receive back payment of the difference between the WRAG and the SG.
You might want to see if any of the ex-Pats organisations can provide help, we have had a fair number of claimants living in Spain come to our forums for assistance.
I think I have covered everything but if I have missed anything or you have further questions, please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'll try and deal with all of your points one at a time, but I am a bit confused by some of your post so I may need additional information.
I'll start with your payments as it is probably the easiest.
Having been on IB you will have been transferred to Contribution Based ESA, as you were placed in the WRAG this is only payable for 365 days, the DWP should have notified you of this, but they rarely do so I am not surprised that you have been missed.
I'm not entirely clear when the Decision on your claim was made, sometime between November 2012 and May 2013, I am guessing from your post that payments have now stopped.
I am afraid that even though you Decision was before October 2013, you are not entitled to payment. Your cannot receive ESA(CB) because of the time limit and you cannot receive Income Related ESA because you are outside of the UK. As far as I can see you are not entitled to any other UK benefit in regard your sickness, you cannot claim another Contribution Based benefit because you will not have any NI Contributions in the required years and you cannot claim any other Income Related benefit for the same reason as ESA(IR). See below.
With regard the details of the Decision; I would expect there to be an LT54 completed by the Decision Maker and some form of ESA85 completed by an ATOS doctor, if you were assessed in Spain there should also be copy of that doctors report. The LT54 may or not explain the DMs Decision. I am afraid that this is as good as it is likely to get, this is not a result of your being abroad, it is just down to the fact the DWP regularly fail to document their decisions in any detail.
From what I can see the DWP have completed their Reconsideration and have passed your papers to the Tribunal Service. This being the case you should contact the TS to find out was is going on with your case, at the least I would expected them to contact you to confirm whether you wanted to continue with the appeal and whether you had a Representative.
There is more information on this in our ESA Appeal guide, even though you are based in Spain the process will not differ significantly.
www.benefitsandwork.co.uk/help-for-claimants/esa
To be placed in the Support Group you need to show that you meet the SG criteria that applied at the time that you were placed in the WRAG, without a firmer date for the Decision I cannot specify which version of the guides you should use, but the are all date labelled so it should not be too difficult to work out.
If your appeal is successful and you are placed in the SG then your ESA(CB) will be re-instated from when it was stopped and you will receive back payment of the difference between the WRAG and the SG.
You might want to see if any of the ex-Pats organisations can provide help, we have had a fair number of claimants living in Spain come to our forums for assistance.
I think I have covered everything but if I have missed anything or you have further questions, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gillian Denham
Please Log in or Create an account to join the conversation.
- Gillian Denham
- Topic Author
11 years 3 weeks ago - 11 years 3 weeks ago #120708 by Gillian Denham
Replied by Gillian Denham on topic ESA WRAG abroad and DWP misadministration
Hi Gordon. Thanks for the feedback. The ATOS form has 15 points awarded in section 1 of mobility, the remainder of the 81 points are across both physical and mental health issues. The ATOS health professional on the same form ticked the box which stated I was unlikely to be able to work for more than 2 years (that confused me!). My case should not have been sent directly to tribunal by dwp i think as decision was pre 28 Oct and therefore not subject to mandatory reconsideration...according to my family and friends who are doing their level best to try to help me fathom it all out....it is all so very confusing and I wonder how many of your members fell like me and just giving it up......
Last edit: 11 years 3 weeks ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
11 years 3 weeks ago #120709 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA WRAG abroad and DWP misadministration
G
In simplified terms
The process prior to October 2013 was
- Claimant requests an appeal in writing to the DWP
- Claimant receives ESA Assessment rate
- DWP Reconsider the Decision
- If not overturned the DWP submit the appeal to the Tribunal Service with their submission
The process in place now is
- Claimant requests a Mandatory Reconsideration
- DWP Reconsider the Decision
- If not overturned the DWP send the claimant an MR Notice
- The Claimant requests an Appeal in writing to the Tribunal Service including one of the MR Notices.
- TS Notify DWP of the appeal
- Claimant receives ESA Assessment rate
So in both cases a Reconsideration is carried out by the DWP.
If the ATOS assessor recommended 15 points for Descriptor 1 then the Decision Maker has decided not to accept that recommendation, although I would also have expected there to have been comment as to whether you could also self-propel a manual wheelchair as this is also part of the test.
The forum has now closed to new posts and as it is a Bank Holiday on Monday we will next be open on Tuesday afternoon at 2pm.
Gordon
In simplified terms
The process prior to October 2013 was
- Claimant requests an appeal in writing to the DWP
- Claimant receives ESA Assessment rate
- DWP Reconsider the Decision
- If not overturned the DWP submit the appeal to the Tribunal Service with their submission
The process in place now is
- Claimant requests a Mandatory Reconsideration
- DWP Reconsider the Decision
- If not overturned the DWP send the claimant an MR Notice
- The Claimant requests an Appeal in writing to the Tribunal Service including one of the MR Notices.
- TS Notify DWP of the appeal
- Claimant receives ESA Assessment rate
So in both cases a Reconsideration is carried out by the DWP.
If the ATOS assessor recommended 15 points for Descriptor 1 then the Decision Maker has decided not to accept that recommendation, although I would also have expected there to have been comment as to whether you could also self-propel a manual wheelchair as this is also part of the test.
The forum has now closed to new posts and as it is a Bank Holiday on Monday we will next be open on Tuesday afternoon at 2pm.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gillian Denham
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David