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esa and appeal
- sean cullen
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11 years 7 months ago - 11 years 7 months ago #112843 by sean cullen
esa and appeal was created by sean cullen
Hi. I was appealing my mwife's ESA (WRAG) to be put into the support group. Two weeks ago we received a letter from the DWP stating they were now looking at the appeal . My wife's gp wrote a further letter which was sent to them. On the 28th October we received a letter showing a change in the ESA rate payable. Nothing else was in this letter about an appeal etc. However on the last page when it states Limited capability for work it now says that she is in the support group. Nothing about them changing the decision etc and the ESA is contibutory based. Does anybody know what this means or has it been decided for her to go into the support group? Also with the contributory based ESA will that end within the 365 days? She has been getting ESA since 5th July.
Last edit: 11 years 7 months ago by Gordon.
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11 years 7 months ago #112847 by Gordon
A tentative congratulations.
It is quite common for the DWP to send out letters which are not explicit in their content, my recommendation is that you contact the DWP office that is dealing with your claim to confirm the content, hopefully it will be correct, I would also advice you to ask for a formal Decision Notice of the award.
Assuming that your wife is in the Support Group then she will not be affected by the 365 day time limit on ESA(CB) as this only applies to time spent in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa and appeal
sean cullen wrote: Hi. I was appealing my mwife's ESA (WRAG) to be put into the support group. Two weeks ago we received a letter from the DWP stating they were now looking at the appeal . My wife's gp wrote a further letter which was sent to them. On the 28th October we received a letter showing a change in the ESA rate payable. Nothing else was in this letter about an appeal etc. However on the last page when it states Limited capability for work it now says that she is in the support group. Nothing about them changing the decision etc and the ESA is contibutory based. Does anybody know what this means or has it been decided for her to go into the support group? Also with the contributory based ESA will that end within the 365 days? She has been getting ESA since 5th July.
A tentative congratulations.
It is quite common for the DWP to send out letters which are not explicit in their content, my recommendation is that you contact the DWP office that is dealing with your claim to confirm the content, hopefully it will be correct, I would also advice you to ask for a formal Decision Notice of the award.
Assuming that your wife is in the Support Group then she will not be affected by the 365 day time limit on ESA(CB) as this only applies to time spent in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sean cullen
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- slugsta
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11 years 7 months ago #112861 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic esa and appeal
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), sean cullen
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- sean cullen
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11 years 7 months ago - 11 years 7 months ago #113056 by sean cullen
Replied by sean cullen on topic esa and appeal
Hi. I rang the DWP and they stated she had been put in the support group but they refused sending me a formal decision notice of the award as you suggested. They stated the letter we received was the only one they were sending. Thanks.
Last edit: 11 years 7 months ago by Gordon.
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11 years 7 months ago #113066 by Gordon
It's up to you, if you are happy that the letter that you have received provides all of the information you need, then I would leave it, but if you are not then I would go back to the DWP, you are legally entitled to a formal Decision Notice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa and appeal
sean cullen wrote: Hi. I rang the DWP and they stated she had been put in the support group but they refused sending me a formal decision notice of the award as you suggested. They stated the letter we received was the only one they were sending. Thanks.
It's up to you, if you are happy that the letter that you have received provides all of the information you need, then I would leave it, but if you are not then I would go back to the DWP, you are legally entitled to a formal Decision Notice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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