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WRAG for 4 years, lost WRAG, won tribunal for 2yrs
- Dazandrew
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8 years 2 weeks ago #155839 by Dazandrew
WRAG for 4 years, lost WRAG, won tribunal for 2yrs was created by Dazandrew
I'm employed, had a spinal injury, found to have severe disc degenerative disease, had two operations on spine, now have failed back syndrome, have had spinal cord stimulator implanted and then had a rechargeable one fitted. Life is hell, I'm on zomorph, oramorph, Pregabalin, amitrplyline and two zoplicone. I had a top up of ESA £71 a week and put in the WRAG. I had been in this group for four years, then this money stop as new changes where brought in saying you could only be in this group for a year. Then managed to appeal and I had a tribunal which I won, judge ask if I had appealed before, I hadn't, I was a bit naive as this was the first time I had claimed plus my life was hell and I was slowly killing myself on the morphine. I thought being in the WRAG was normal but after a year in this group and been given a condition of failed back syndrome the job center didn't want to see me. So I got put in the support group for two years and I get now ESA support £86. The tribunal found I would pose a substantial risk to myself and others. My two years is up, I've been sent a capability for work questionnaire ESA50, they have ask for medical reports, nothing has changed since two years ago when I had my tribunal, what should I send them...?? Should I put down nothing has changed since I had my tribunal..??? Do I resend all my medical reports which go back to 2008, will they have my details to hand or will they be looking at me as a new claim. I have looked at your info on a ESA claim, physical capabilities is most helpful, any info will be most appreciated,
Regards,
Dazb
Regards,
Dazb
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- Gordon
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8 years 2 weeks ago #155841 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WRAG for 4 years, lost WRAG, won tribunal for 2yrs
Dazandrew
Welcome to the forum.
This is a full re-assessment of your claim so you need to complete the ESA50 in detail and treat it as a new claim.
As it appears to have been some considerable time since you were last assessed it is certain that the ESA criteria has changed and possibly changed significantly. As a result you cannot assume that the reasons that you qualified on before are still relevant, you should have a good read of our ESA Claim guides to make sure you understand what the criteria against which you are being assessed are now. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
One further point, if the Tribunal placed you in the Support Group due to "significant risk" and you believe that this is still the case then you must provide up to date evidence to support this, there will be no assumption that because you have previously met this criteria that you still do.
With the above exception, providing you can show that your old evidence is still relevant to your conditions as they are now, you can use your previous evidence, but more up to date reports and letters would be a lot better for your claim.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum.
This is a full re-assessment of your claim so you need to complete the ESA50 in detail and treat it as a new claim.
As it appears to have been some considerable time since you were last assessed it is certain that the ESA criteria has changed and possibly changed significantly. As a result you cannot assume that the reasons that you qualified on before are still relevant, you should have a good read of our ESA Claim guides to make sure you understand what the criteria against which you are being assessed are now. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
One further point, if the Tribunal placed you in the Support Group due to "significant risk" and you believe that this is still the case then you must provide up to date evidence to support this, there will be no assumption that because you have previously met this criteria that you still do.
With the above exception, providing you can show that your old evidence is still relevant to your conditions as they are now, you can use your previous evidence, but more up to date reports and letters would be a lot better for your claim.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Dazandrew
- Topic Author
8 years 2 weeks ago #155854 by Dazandrew
Replied by Dazandrew on topic WRAG for 4 years, lost WRAG, won tribunal for 2yrs
Thanks for the advice Gordon,
Regards,
Daz
Regards,
Daz
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