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ESA -WRAG to support group
- janice
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10 years 11 months ago - 10 years 11 months ago #121674 by janice
ESA -WRAG to support group was created by janice
Hello, This is my first time on this site and not quite sure how things actually work. I live in France and have received IB for several years. Last year, I was called in for an assessment which entailed a round trip of more than 50 miles. When I encountered the Dr who was interviewing me, he spoke no English whatsoever, which seems quite strange as most medical people have some English. The last questionnaire I filled in was obviously in English, so I don't know if any of my answers were taken into consideration. However, I got through and was awarded ESA. Rather naively, when I got confirmation of the award, I failed to realise that I had been put into the WRAG group. The correspondence stated that, as I lived abroad, I would not be required to attend any activity group. I read the amount that was granted to me and filed the letter away with a great deal of relief.
This week I received a letter from DWP to inform me that as of July 2014, my payments would cease as the 365 day limit would come into force and I would receive no further NI credits. I was absolutely dismayed, as I thought that after this 365 day period, I would be required to attend another hearing. I rang my DWP office and asked for help/advice saying that I thought that I should actually be in the support group and the woman said that I could write to them to appeal against the judgement that I was given, but it had to be done quickly, before 13 months had expired. My circumstances have deteriorated in the past year and are not likely to improve in the future. What do I need to do to confirm that I need to be in the support group?
Constructive help would be much appreciated.
This week I received a letter from DWP to inform me that as of July 2014, my payments would cease as the 365 day limit would come into force and I would receive no further NI credits. I was absolutely dismayed, as I thought that after this 365 day period, I would be required to attend another hearing. I rang my DWP office and asked for help/advice saying that I thought that I should actually be in the support group and the woman said that I could write to them to appeal against the judgement that I was given, but it had to be done quickly, before 13 months had expired. My circumstances have deteriorated in the past year and are not likely to improve in the future. What do I need to do to confirm that I need to be in the support group?
Constructive help would be much appreciated.
Last edit: 10 years 11 months ago by Gordon.
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10 years 11 months ago #121679 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA -WRAG to support group
Janice
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
You have two options available to you, you can choose to pursue either or both depending on your circumstances.
Entry to the Support Group is dependant on you meeting one or more of the associated Descriptors, so the first thing you need to do is to confirm that this is the case, they are listed in our ESA Claim guides.
www.benefitsandwork.co.uk/help-for-claimants/esa
Your first option is to appeal the Decision that placed you in the WRAG, you will need to show that at the time of the assessment, you met the SG criteria, and deterioration since then can not be considered. Have a look at our ESA Appeal guide and the following FAQs
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Preparing for a Tribunal
Alternatively, or in parallel, you can asked to be re-assessed based on a deteriorated condition. You need to write to the DWP, there should be a contact address on the letters they have sent you, explaining that your condition is now worse and that you want to be re-assessed. The re-assessment will involve a new ESA50 and likely a new medical.
You need to be aware that any new Decision that results from your being re-assessed will limit any result you might get from a Tribunal, so if an appeal puts you in the SG but a re-assessment puts you in the WRAG, this latter result will be the one going forward, however, the appeal will also reset the clock on the 365 days you can spend in the WRAG and the new Decision from the re-assessment will itself be appealable.
Also, unless the DWP alter their original Decision, it is unlikely that either of these matters will be resolved by the time that your ESA(CB) stops, so you need to be prepared for this to happen, although if successful, you should receive back payments.
If you have any 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
You have two options available to you, you can choose to pursue either or both depending on your circumstances.
Entry to the Support Group is dependant on you meeting one or more of the associated Descriptors, so the first thing you need to do is to confirm that this is the case, they are listed in our ESA Claim guides.
www.benefitsandwork.co.uk/help-for-claimants/esa
Your first option is to appeal the Decision that placed you in the WRAG, you will need to show that at the time of the assessment, you met the SG criteria, and deterioration since then can not be considered. Have a look at our ESA Appeal guide and the following FAQs
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Preparing for a Tribunal
Alternatively, or in parallel, you can asked to be re-assessed based on a deteriorated condition. You need to write to the DWP, there should be a contact address on the letters they have sent you, explaining that your condition is now worse and that you want to be re-assessed. The re-assessment will involve a new ESA50 and likely a new medical.
You need to be aware that any new Decision that results from your being re-assessed will limit any result you might get from a Tribunal, so if an appeal puts you in the SG but a re-assessment puts you in the WRAG, this latter result will be the one going forward, however, the appeal will also reset the clock on the 365 days you can spend in the WRAG and the new Decision from the re-assessment will itself be appealable.
Also, unless the DWP alter their original Decision, it is unlikely that either of these matters will be resolved by the time that your ESA(CB) stops, so you need to be prepared for this to happen, although if successful, you should receive back payments.
If you have any 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: Seth Laa, janice
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