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WRAG, confused
- Shelagh12354
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8 years 3 weeks ago #155779 by Shelagh12354
WRAG, confused was created by Shelagh12354
I was seen in September about my claim for ESA, the person I saw was a nurse called Simon. When I first applied for ESA , I think it was July, my claim was backdated to April, I was happy with that, not so happy to be placed in the WRAG group but I wasn't fully aware of the implications, I thought it was awarded for a year from the date of the interview and I would be able to re-apply after a year. How stupid am I? Now I discover my payments will stop on the 27th April, I am really worried, i don't think we will be able to manage, the most annoying thing is I really want to work, I spend hours looking for any work I might be able to do, or something I can do from home maybe setting up a business from home. I have prolapsed discs in my neck and lower spine, Spondylosis, fibromyalgia, arthritis and ibs, I also have agoraphobia, I can go out if my husband is with me but can't go into crowded rooms or anywhere with lots of people even if I know all of them. I don't know what to do next, it's all so confusing, anybody have any suggestions?
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- Gordon
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8 years 3 weeks ago #155801 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WRAG, confused
Shelagh
I assume that you are receiving Contribution Based ESA and you are affected by the 365 day rule.
You have three options.
You can check whether you are eligible for Income Related ESA, this iswill dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are then you can switch to ESA(IR) when your ESA(CB) cease and you will continue to receive payments.
Secondly, if you believe that the Decision from last year was incorrect and at that time you met one or more of the Support Group Descriptors then you can appeal the Decision and if placed in the SG, your ESA(CB) will continue.
Lastly, if you can show that your conditions have deteriorated, such that you now meet one or more of the SG Descriptors then you can ask to be re-assessed.
In the latter two option your payments will still stop.
You can still ask to be moved to ESA(IR) even if choose options two or three.
Have a look at the guides in the ESA section for the SG criteria and the appeal process,
Gordon
I assume that you are receiving Contribution Based ESA and you are affected by the 365 day rule.
You have three options.
You can check whether you are eligible for Income Related ESA, this iswill dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are then you can switch to ESA(IR) when your ESA(CB) cease and you will continue to receive payments.
Secondly, if you believe that the Decision from last year was incorrect and at that time you met one or more of the Support Group Descriptors then you can appeal the Decision and if placed in the SG, your ESA(CB) will continue.
Lastly, if you can show that your conditions have deteriorated, such that you now meet one or more of the SG Descriptors then you can ask to be re-assessed.
In the latter two option your payments will still stop.
You can still ask to be moved to ESA(IR) even if choose options two or three.
Have a look at the guides in the ESA section for the SG criteria and the appeal process,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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