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ESA - wrong group!!

  • bro58
10 years 8 months ago - 10 years 8 months ago #124705 by bro58
Replied by bro58 on topic ESA - wrong group!!

littleloz wrote: just a quick question if ok - my ESA finishes on 1st October, my condition has got worse so I will be asking for a review and a change to SG.

Will they continue the payments until a decision is made or will they stop on 1st October whatever I do?


Hi ll,

No, payments of CB ESA will cease, and you will be given NI Credits (Stamps) only which go towards your State Pension.

This is why it is important that you request an ESA 3 Form ASAP so that you can be financially assessed to see whether you are entitled to IR ESA.

If you are not entitled to IR ESA, the only way that CB ESA will be paid once more is if you can get into The SG, or from gaining the necessary number of NI Contributions from employment.

If you are to request a supersession, it is also important that you do so ASAP, as a separate issue to requesting The ESA3 Form for a financial assessment.

bro58
Last edit: 10 years 8 months ago by bro58.

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  • LORRAINE LYNHAM
  • Topic Author
10 years 8 months ago - 10 years 8 months ago #124711 by LORRAINE LYNHAM
Replied by LORRAINE LYNHAM on topic ESA - wrong group!!
from what I have read- it makes a lot more sense now.

I received the letter telling me I was in the WRAG on 4th Sept 2013. I was very naïve and did not realise what this meant until my advisor explained at the JC.

I am now back with my Husband after a separation so cannot claim IR ESA.

My options seem to be - ask for an appeal on a GL24 - ass it is (just) less than 13 months since the decision letter and it was before October 28th 2013. But they would not take any new evidence. Then I would continue to receive ESA until a decision either way

or

Ask for a review/supersession taking into account new evidence which shows my condition has deteriorated since the award started. BUT would the award stop on 1st October until decision made?

Thanks so much
Last edit: 10 years 8 months ago by bro58.

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More
10 years 8 months ago #124712 by slugsta
Replied by slugsta on topic ESA - wrong group!!
To confirm - you will not get any further payments even if you request a reconsideration rather than a reassessment. Payments will stop as planned and only restart if the reconsideration (or appeal) goes in your favour or you are allocated to the Support group at any time in the future.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
10 years 8 months ago - 10 years 8 months ago #124713 by bro58
Replied by bro58 on topic ESA - wrong group!!

littleloz wrote: from what I have read- it makes a lot more sense now.

I received the letter telling me I was in the WRAG on 4th Sept 2013. I was very naïve and did not realise what this meant until my advisor explained at the JC.

I am now back with my Husband after a separation so cannot claim IR ESA.

My options seem to be - ask for an appeal on a GL24 - ass it is (just) less than 13 months since the decision letter and it was before October 28th 2013. But they would not take any new evidence. Then I would continue to receive ESA until a decision either way

or

Ask for a review/supersession taking into account new evidence which shows my condition has deteriorated since the award started. BUT would the award stop on 1st October until decision made?

Thanks so much


Hi ll,

If you do not qualify for IR ESA, your payments of CB ESA will definitely cease.

This will be the case whether you request a late appeal, or a supersession review.

You could provide fresh evidence if you requested a late appeal, however it would have to be pertinent to the time of The WRAG award, and not to any changes since then.

If successful here, it would be as if you had never been in The WRAG, The SG award would be backdated until the time of the original WRAG award.

You would still have your full 365 days entitlement to payment of CB ESA (Not in The SG), and any monies owed from the date that your CB ESA ceases (Circa 01/10/14) would be paid to you.

With a Supersession, again you could provide fresh evidence of the change/deterioration, and if successful CB ESA payments in The SG would be reinstated, not from the date that your CB ESA payments cease, but from the date of your request for the Supersession.

You would have lost your 365 days entitlement to payment of CB ESA whilst not in The SG, but payments of CB ESA would continue for as long as you remained in The SG.

bro58
Last edit: 10 years 8 months ago by bro58.

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  • LORRAINE LYNHAM
  • Topic Author
10 years 8 months ago #124721 by LORRAINE LYNHAM
Replied by LORRAINE LYNHAM on topic ESA - wrong group!!
thank you bro58 :) so helpful

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  • bro58
10 years 8 months ago #124722 by bro58
Replied by bro58 on topic ESA - wrong group!!

littleloz wrote: thank you bro58 :) so helpful


You are most welcome ll ! :)

Please keep us updated.

bro58

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