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Date of tribunal has arrived and so has 2 letters.

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5 years 11 months ago #218805 by d.rasberry
My tribunal date has finaly arrived 2 november after 9 months (ESA support to wrag), and 2 letters from the dwp. A new application and a letter stating my payments will end on 22 november.

As i understand it as no decision from the tribunal has yet been made, (1. they should not be able to stop paying me untill that decision has been made since im supposed to still be in the support group. And 2) it states they only pay for 365days and yet i only went to the assesment in late december 2017 and payments end 22 november 2018

Im no math genius but that alone doesnt add up or am i missing something?

my questions are can they expect me to send in a new application before the old one has even been heard at tribunal? as undoubtedly i'll have to appeal that one as well, what a joke.

and can they just stop paying me like this?,
i have been in the support group for over 5 years untill this nightmare started late last year and im not getting help from anyone, my gp practice only ever has locums, they all have denied me access to my notes, and after repeated requests for a sick note and printouts as evidence, that has all been turned down because its now dwp policy to advise gps to to do so.

SO all i have going for myself is showing up to a tribunal only with myself as evidence, and thats whether i will be able to even make it there.

The hole keeps getting bigger and im out of time, any help or advice would be greatly appreciated.

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5 years 11 months ago #218808 by Gordon
D

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Just to be clear, when you say a "new application" do you mean a new ESA50, if this is the case then it will be in connection with you WRAG award. You need to complete this or they will close your claim!

Have you spent any time outside of the SG during this claim, the 365 days is across the whole lifetime of the claim?


If the 365 days is correct then the law prevents payment of any ESA(CB) unless you are placed in the SG, however, if you are also eligible for Income Related ESA then you can receive this without break. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Make sure you understand the criteria that you are being assessed against, you need to meet at least one of the SG Descriptors to be placed in the group,

Gordon

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

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5 years 11 months ago #218813 by d.rasberry
hi thank you for your reply.

yes a new esa50 claim. I have been in the support group up untill they decided to put me in wrag last december, i appealed this but my income related payments have continued as i understand they could not stop them due to the ongoing appeal. as i understood it, this inturn means that im in the SG group untill the tribunal has made a definitive decision against me?

So its been less than a year and they have sent me another application , and stated that my payments will end on nov 22 so the dwp dont believe this to be the case.

Does this mean that all my payments will now end and i will recieve nothing at all going forward?

many thanks
deborah

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5 years 11 months ago #218815 by d.rasberry
to be clear i have bee getting paid the full support group rate this whole time which will end 22 november

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5 years 11 months ago #218828 by Gordon
D

In all the years I have been moderating I have not seen the DWP make mistakes like this, if you are in the WRAG then you will be receiving the WRAG rate! You have no entitlement to the SG rate during an appeal.

If you are receiving Premiums as part of your payments then your ESA will not stop in November as you must be receiving Income Related ESA and this has no time limit.

Gordon

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

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5 years 11 months ago #218840 by d.rasberry
hi gordon,
yes im very confused about all this, as i was originally on incapacity income related, then they moved me into the esa support group, i then went to an assesment and remained in the support group. 2 years later i was called in and told i had to pay back some of what i had recieved because i was no longer eleigble for income related. So as i understand it i was on the contribution rate support group but with an extra component income related.

However this last assesment they decided to only awared me 6 points and forced me onto wrag which i have appealed against.

And now i have to hand in a new ESA50 and go to a tribunal all i the space of 2 weeks.

Regardless knowing the DWP they will now seek to drop me and stop paying me alltogether as i have not been called in to their supposed wrag activitied once either by phone or by post, not that i would have been able to attend anyway.

This all seems very wrong whats going on here, as undoubtedly they will score me low again and i will appeal again but now they have me as im on wrag, even if the judge says otherwise the new assesment will have nothing to do with the last, so it all seems like a gigantic waste of their time and money and my sanity of which i have very little left of. thank you foe your time at any rate.

deb
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