ESA Medical Decision appeal

Hi v,

As you have failed to respond to my query, I will try and answer your question.

If your daughter was transferred over to ESA, and was put in The WRAG, she should have received no less than she was receiving before being transferred, see :

What will I be paid?

What will I be transferred to?

From our :

IB, IS, SDA, Migration to ESA FAQ’s

You do not receive NI Contributions whilst in receipt of benefits such as ESA, you are given NI Credits which only contribute towards State Pension.

If she has now had to claim IR ESA, as she has exhausted her 365 days entitlement to payment of CB ESA, she may well receive less money.

All DWP decisions that carry a right to appeal, must be notified to the claimant in writing :

A decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

Once you receive the written "Decision Notice" you then have one month from the date of this letter to submit an appeal.

See :

How to submit an appeal

And our other :

Appeals FAQ’s

bro58