ESA-Presumably no longer in the Support Group.

I was in the Support Group - having been transferred from Incapacity Benefit in December 2013. Back then I was not called in for a medical. But recently I had an ATOS Medical. At the first appointment the physiotherapist closed it rapidly saying I would need to be seen by a doctor. So another appointment was made for end of February (2015), and I saw a doctor - although that medical took place nearly two hours after the appointed time.

And today I have received a letter for a mandatory Work Focused Interview. So I assume I am no longer in the Support Group, which is a bit strange because my health has worsened since 2013.

My last ESA50 form was sent off in December 2013 - and I see from the Forums here that people are getting medicals without being asked to complete a new ESA50. Oh dear - maybe I should have asked for one before the Medical.

But so far I have not been told I am not still in the Support Group. I don't know if I am now in the WRAG, or ESA has been withdrawn altogether. I receive DLA and am due the State Pension in 2017. Anyway I am wondering what my options are and what steps to take next.

Thanks Gordon - that is very useful info.

You say your last ESA50 was in late 2013, was there a new Decision following this?

Yes. This was the move from IB to ESA. The decision was that I be put in the Support Group and I got a letter from the DWP saying this - in early 2014.

I am eligible to attend a centre for mental health Day Services and I go when well enough - up to three days a week. (Sometimes my physical health prevents me attending). Does being in the WRAG mean that I can no longer attend because I would need to undertake Work Related Activity?

Thanks Gordon.

Actually today the Decision Letter arrived from the DWP. It says ESA will be £101.15 a week. This is because "You have moved from the Support Group to the Work Related Activity Group."

But this letter also says:

"We cannot pay you Employment and Support Allowance from 6 March 2016. This is because you will have reached the maximum of 365 days that you can get contribution-based Employment and Support Allowance."

I had feared that ESA would stop now as a consequence of moving to the WRAG because I have savings - so the means tested benefit would be zero. But it looks like I may have a year's grace - either to get a cure and a job - or alternatively try to get back into the Support Group. The consequences may not therefore be as bad as I thought they might be.

madmark wrote: Thanks Gordon.

Actually today the Decision Letter arrived from the DWP. It says ESA will be £101.15 a week. This is because "You have moved from the Support Group to the Work Related Activity Group."

But this letter also says:

"We cannot pay you Employment and Support Allowance from 6 March 2016. This is because you will have reached the maximum of 365 days that you can get contribution-based Employment and Support Allowance."

I had feared that ESA would stop now as a consequence of moving to the WRAG because I have savings - so the means tested benefit would be zero. But it looks like I may have a year's grace - either to get a cure and a job - or alternatively try to get back into the Support Group. The consequences may not therefore be as bad as I thought they might be.

Hi mm,

As you were successfully transferred from IB to ESA. you would have been entitled to payment of Contribution Based (CB) ESA.

See : What will I be transferred to?

From our : IB, IS, SDA, Migration to ESA FAQ’s

Once transferred to ESA, there is a 365 Days entitlement to payment of CB ESA rule, for those not in The SG. (Where there is no such limit)

Now that you have been placed into The WRAG in receipt of CB ESA the 365 Day clock will start ticking.

Hence the comment :

"We cannot pay you Employment and Support Allowance from 6 March 2016. This is because you will have reached the maximum of 365 days that you can get contribution-based Employment and Support Allowance."

See : 12 Month Limit for ESA(CB)

From our : ESA FAQ’s

Once your payments of CB ESA in The WRAG cease, due to the above, you would be financially assessed to see whether you can pass the means test with respect to capital, assets, savings, household income and any hours worked by a partner if you have one :

Asset rule for ESA(IR)

&

24 hour work rule for ESA(IR)

If, as you suggest, you cannot pass the IR ESA means test at that time, all payments will cease and you will receive NI Credits only which will go towards your State Pension.

If as a result of an MR/Appeal of this WRAG decision you are placed into The SG, once more, this decision will be backdated to the time of the WRAG award.

So your "365 Day Clock" would be reset to zero, it would be as if you had never been in The WRAG, and you would still have your 365 days entitlement to CB ESA whilst not in The SG.

Failing that, if you keep your ESA claim live, and as a result of a change/deterioration in your condition, you request a review, and are placed into The SG, or as a result of a future routine periodic assessment you are placed into The SG, payments of CB ESA would be reinstated and remain in payment for as long as you stayed in The SG.

Re : MR/Appeal, you have one month from the date of The WRAG Decision Notice Letter to make a written request for an MR :

Sending Documents to the DWP or ATOS

See also : ESA MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You may also wish to request the documentation used in coming to The WRAG Decision :

ESA medical – what forms to ask for?

ESA Forms

Namely, The ESA85 Medical Report, an ESA113, and an LT54.

You can request these over the phone, if you have problems obtaining any of them you can make a written request.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS

bro58