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Work-related activity group

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11 years 9 months ago #89382 by Shirluk2
Work-related activity group was created by Shirluk2
Hi i was on incapacity benefit for 15years and 3 weeks ago was put in work-related activity group of ESA and they say i'm entitled to contribution based ESA i'm going to appeal as i think i should be in the support group. i'm going to see CAB tomorrow but have a few questions id like to ask here first.

I've asked for an explanation and a written statement of reasons.

So far all i got back is Med report form ESA85A
is this the explanation and a written statement of reasons?

Or is there more to come?

I was never call for a medical.

So far they say they used available evidence from my ESA50, MED3? a previous report and specialist letter and the evidence suggests that the client has significant level of disability due to arthritis and depression such that they would have limited capability for work.

prognosis was that a return to work is unlikely for 2 years. Plus the client is unlikely to work in the long term.

To me it seems that they have way back info going back years and they said nothing of my back and neck problems or my asthma I asked my doc if they had contacted him in the last month or so he said no as far as he knows they had not.

Ps the doc took new xrays last year of my back and neck and they show how bad i am!

Should i go for look again at the decision
or go for an appeal?

Plus the job centre has not contacted me yet should i contact them?

I read here about that my benefit money will stop after 365 days is there a diffident benefit i can can go on afterwards or will i get nothing i just want to know the right things to ask CAB tomorrow as you may know things i wont even think of asking them.

Many thanks

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11 years 9 months ago #89385 by Gordon
Replied by Gordon on topic Re:Work-related activity group
Worrly

Members are having increasing problems getting information related to the Decision on their claim. In principle you should be able to get a Statement of Reasons, but the reality is you may have to settle for what you have got.

I assume when you refer to the Jobcentre, that this is in connection with a WFI, they will contact you when they are ready, unless you are keen to participate in Work Related Activity, I would leave it to them.

As you were on IB, you will have been transferred to Contribution Based ESA, time in the WRAG is limited to 365 days, after this, if eligible for Income Related ESA, you will be transferred, otherwise payments will cease. See

12 Month Limit for ESA(CB)

Gordon

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

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  • Karlo
11 years 9 months ago #89406 by Karlo
Replied by Karlo on topic Re:Work-related activity group
I'm waiting for the envelope to tell me my transfer to ESA from IB has begun to drop on the doormat any day.

If I do get put in the WRAG group, I do believe I meet the requirements for support group, I wonder if it's such a bad thing? I know it's for a year and then money more than likely stops but you are reassed at that point. It's a difficult one

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11 years 9 months ago #89418 by Gordon
Replied by Gordon on topic Re:Work-related activity group
Karlo wrote:

I'm waiting for the envelope to tell me my transfer to ESA from IB has begun to drop on the doormat any day.

If I do get put in the WRAG group, I do believe I meet the requirements for support group, I wonder if it's such a bad thing? I know it's for a year and then money more than likely stops but you are reassed at that point. It's a difficult one

A couple of points to make, whilst the DWP seem to be assessing claimants at the end of their 365 day period, they are not required to, so this is not something you can rely on.

Also, whilst the DWP seem to be accepting late appeals, this cannot exceed 13 months, and there are some concerns being expressed on WRO forums as to how the Tribunal Service may treat some appeals, lodged in connection with a claimants ESA(CB) being stopped.

Gordon

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11 years 9 months ago #89466 by Shirluk2
Replied by Shirluk2 on topic Re:Work-related activity group
Just back from seeing CAB am going ahead and appealing as I've nothing to lose as at the end of my 365 days are up I'll get no money at all as i live with my sister in our own home and she works full time so I cant claim Income related ESA so I'll have no money at all. now got to decide which one to go for - look at the decision again or appeal?

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago #89469 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Work-related activity group
That decision can only be made by yourself. However, if possible seek 'face to face' advice from a benefits adviser or an organisation such as Citizens Advice (formerly called CAB)

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