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IR ESA WRAG to UC.....the tribulations start.

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1 day 5 hours ago #311867 by Invisible
Hi,

I am moving from IR with ESA Wrag to UC. I just had a video interview.
It seems that UC is completely disregarding the WRAG part. I asked the work coach if they are aware of my WRAG and she gave me vague answers such as: 'well we don't have all the information yet, blah blah....'.

My first thought was: so get them, darn it. What are you there for? It makes all the difference for me, though it doesn't for you.

I need to summarize my story a bit.

I have had chronic fatigue syndrome for most of my life, as well as permanent tinnitus, social anxiety (which is not just like feeling a bit nervous around people: I spend all my time alone and don't even go out anywhere), depression, insomnia.

Sure, some of these things are common, but not all, and it all adds up. To have one problem, affects you in a way, but if you have several, they add up and they affect you more.

Long story short, in 2016 I had a WCA for ESA. I was found capable of work. I disagreed with the decision and requested a Mandatory Reconsideration.
I went to the Tribunal on my own. The judge and one doctor heard me out and examined the decided that I should get ESA with the WRAG and suggested the DWP to not to reassess me for at least 18 months.

Toward the end of 2017, my ESA was arbitrarily suspended by a crazy DWP employee. I wrote the whole story in these forums somewhere, so let's move on.

I refused to claim again, against all advice, and instead doggedly pursued a complaint for 4.5 years. An investigation was carried out by ICE, which found plenty of maladministration. I won most of my complaint. I received a new ESA decision that would reinstate my ESA and pay all the arrears. It was incredible. Just the luck of the draw, I suppose, rather than skill, as for most things in life.

I explained to the DWP that I supported myself by earning a few tenners a month for basic food. I was living with £ 6 a month, and I had not paid utility bills for years, frankly I have no idea how I didn't get disconnected etc, and I was just preparing a DRO to get rid of all my debts (which I paid after I received my arrears).

Basically me and the DWP agreed that mine was permitted work. I had been working about one hour a day, seven days a week.

Now I just 'moved' to UC with 'managed migration', but UC seems to be just treating me as if I were making a standard, fresh claim. They are already trying to convince me that maybe I should be working more, etc.

Furthermore, in my Journal there's written that my UC claim has been backdated to 19 December (I think this is the ESA deadline before the final one). But no sign of any payments yet, and there's written that I should receive my payments 'around 25 January'. But it rather feels I am absolutely nowhere yet and a decision hasn't even been made.

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1 day 11 minutes ago #311889 by Invisible
Replied by Invisible on topic IR ESA WRAG to UC.....the tribulations start.
sorry, I repeated my basic question elsewhere, I thought this topic had not been published and assumed I had left it half way and then forgot about it. Please do delete the other one if you prefer. My apologies.

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1 day 4 minutes ago #311892 by latetrain
Replied by latetrain on topic IR ESA WRAG to UC.....the tribulations start.
Hi Invisible

You are not alone, we have heard similar stories from members. Have you been in contact with your MP, some MP's are very pro-active and members have had good results, others not so.

You are correct, if you were in the WRAG group then you should be placed in the LCW group, if you were in the WRAG group before 3 April 2017 then you should receive LCW element £158.76 pm.

We would advise you to see help from your MP and your local Welfare Rights Organisation: advicelocal.uk

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Invisible

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11 hours 8 minutes ago #311903 by Invisible
Replied by Invisible on topic IR ESA WRAG to UC.....the tribulations start.
Thank you very much, Gary.

The UC Team basically decided that I have to be capable to work or I won't get UC, which would be for me a disaster as it would mean my rent doesn't get paid; as I have been homeless for many years, you can imagine this being one of my worst fears. As long as I keep a roof over my head, I can deal with most other things.

My understanding is that I should accept whatever they state in the Claimant's Commitment, then dispute anything later. Just go along, then I'll put forward plenty of arguments later. At least I get a real start with my claim, instead of absolutely nothing. Any thoughts?

I am actually questioning myself as to whether I really had the WRAG. I know I had it when the judge decided I should have it back, in 2016. Then my claim was stopped at the end of 2017, and then reinstated almost 4.5 years later. I'd assume I'd get the WRAG back too, but now that I think about it, I have had no clear statements from the DWP in any subsequent letters, it just referred to the claim as ''IR ESA''.

The payments I have been getting until before moving to UC were £ 257.20 every two weeks, this seems an higher amount than the standard rate and I assume it included the WRAG component too.

I seem to remember I received a letter after my ESA was reinstated that mentioned the rates for standard ESA and the additional component, the WRAG, but so far I can't find it, but I'll keep looking as I always keep these letters.

The UC team asked me yesterday to upload my 2016 tribunal document, where the WRAG is clearly stated by the judge, which I have done. It also asked me to provide any letters from the DWP where the WRAG is mentioned. I replied that I need more time to find such a letter (which I might not have at all), however I provided bank statements where it's shown that I have received £ 257.20 every two weeks, which I believe includes the WRAG additional payment.

Oh well. I am reasonably confident that I'll get out of this again. I did it before, I'll do it again. I am not entirely powerless, there's great help out there, including these excellent forums. I'll contact my MP soon, who I must say has been excellent in the past helping me with my housing problem, always responding by the next day, without fault, Mr David Lammy.

Thank you!

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30 minutes ago #311918 by latetrain
Replied by latetrain on topic IR ESA WRAG to UC.....the tribulations start.
Hi Invisible

If you were in receipt of WRAG you would have received an additional premium with your ESA, this year it is worth £36.55 pw.

You could make a Subject Access Request (SAR) to DWP, to get hold of your ESA file: www.gov.uk/government/publications/subje...ss-request-procedure

Gary

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

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