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Downgraded to WRAG from the support group
- JLP
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5 years 1 month ago #237370 by JLP
Downgraded to WRAG from the support group was created by JLP
Hi guys,
The dreaded brown envelope arrived this morning. I have been down graded from the support group to the WRAG. I’m shocked I used the guides etc. I will have to ask for a mandatory reconsideration. Do I need to ask for the statement of reasons before I complete the MR form?
Also arriving today is my letter to go to the job centre, if I’m appealing do I have to go to this appointment, it’s in two weeks.
Monday is the earliest I can contact them. Do I have from today’s date one month to complete it? How long does the statement take to come does anyone know? Or do I not need that to put the MR in?
Last time I had to go to a tribunal to get in the support group. Thanks
The dreaded brown envelope arrived this morning. I have been down graded from the support group to the WRAG. I’m shocked I used the guides etc. I will have to ask for a mandatory reconsideration. Do I need to ask for the statement of reasons before I complete the MR form?
Also arriving today is my letter to go to the job centre, if I’m appealing do I have to go to this appointment, it’s in two weeks.
Monday is the earliest I can contact them. Do I have from today’s date one month to complete it? How long does the statement take to come does anyone know? Or do I not need that to put the MR in?
Last time I had to go to a tribunal to get in the support group. Thanks
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- Gary
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5 years 1 month ago #237381 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Downgraded to WRAG from the support group
Hi JPL
No you do not ask for a statement of reasons, you request a statement of reasons if your appeal tribunal goes against you to see if you can appeal to the upper tier tribunal.
The Decision Letter will not explain the award but you can request a copy of the assessment report, it will be an ESA85 if you had a face to face, contact the DWP office dealing with the claim, the information will be on the Decision Letter.
This is where you have the dilemma, The DWP will tell you that you will have to apply for UC, as present your ESA will have stopped, if you are in receipt of HB that will also stop. Whilst you are applying for a MR you will not receive any ESA, you can still get HB but you have to inform your LA that you have nil income. Remember once you go on to UC you cannot go back to legacy benefits even if you win your appeal. If you received SDP then you would loose this premium as there is no SDP paid with UC. So seek guidance from your local welfare rights unit.
If your MR is turned down then you can appeal, once HMCTS receive your appeal you get notification from HMCTS, at this stage you can ask for your ESA to be put back in payment but you will only receive main phase with no premiums.
You can get a statement within a few days, It can take 6 to 8 weeks for MR decision, I usually advise people if there has been no change in your circumstances or your circumstances has deteriorated send in a copy of your last tribunal decision and explain what has got worse and how it affects you.
Gary
No you do not ask for a statement of reasons, you request a statement of reasons if your appeal tribunal goes against you to see if you can appeal to the upper tier tribunal.
The Decision Letter will not explain the award but you can request a copy of the assessment report, it will be an ESA85 if you had a face to face, contact the DWP office dealing with the claim, the information will be on the Decision Letter.
This is where you have the dilemma, The DWP will tell you that you will have to apply for UC, as present your ESA will have stopped, if you are in receipt of HB that will also stop. Whilst you are applying for a MR you will not receive any ESA, you can still get HB but you have to inform your LA that you have nil income. Remember once you go on to UC you cannot go back to legacy benefits even if you win your appeal. If you received SDP then you would loose this premium as there is no SDP paid with UC. So seek guidance from your local welfare rights unit.
If your MR is turned down then you can appeal, once HMCTS receive your appeal you get notification from HMCTS, at this stage you can ask for your ESA to be put back in payment but you will only receive main phase with no premiums.
You can get a statement within a few days, It can take 6 to 8 weeks for MR decision, I usually advise people if there has been no change in your circumstances or your circumstances has deteriorated send in a copy of your last tribunal decision and explain what has got worse and how it affects you.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JLP
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5 years 1 month ago #237393 by JLP
Replied by JLP on topic Downgraded to WRAG from the support group
Hi Gary, thanks for your reply. I don’t think you are right about me having to go on universal credit. I was converted over from incapacity benefit 6 years ago. I’ve been on incapacity benefit since the late 90s. I have never been taken off it. Just gone in and out of the support group.
The letter they have sent me says I’m now on ESA of £102.15 a week. I thought if I ask for a MR I will just stay on the same rate that they’ve decide if I stay in the WRAG group or they put me back in the support group? I hope I’m right here otherwise I will be in a real mess. Please let me know. Thanks
The letter they have sent me says I’m now on ESA of £102.15 a week. I thought if I ask for a MR I will just stay on the same rate that they’ve decide if I stay in the WRAG group or they put me back in the support group? I hope I’m right here otherwise I will be in a real mess. Please let me know. Thanks
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5 years 1 month ago #237405 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Downgraded to WRAG from the support group
JLP
I think that Gary misread your post and thought you had been found Fit for Work rather than placed in the WRAG, so yes, you will stay on ESA and will not have to claim UC.
Gordon
I think that Gary misread your post and thought you had been found Fit for Work rather than placed in the WRAG, so yes, you will stay on ESA and will not have to claim UC.
Gordon
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5 years 1 month ago #237419 by JLP
Replied by JLP on topic Downgraded to WRAG from the support group
Thanks Gordon. I’ve called the DWP today and asked for the assessment copy and told them I want an MR.
Can you tell me if they still won’t put me in the support group and I have to go to a tribunal will they still pay me my full amount of money or will they put me on assessment rate?
Thanks
Can you tell me if they still won’t put me in the support group and I have to go to a tribunal will they still pay me my full amount of money or will they put me on assessment rate?
Thanks
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5 years 1 month ago #237421 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Downgraded to WRAG from the support group
JLP
As you are in the WRAG then you will continue to receive this rate until a new Decision is made.
Gordon
As you are in the WRAG then you will continue to receive this rate until a new Decision is made.
Gordon
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