- Posts: 2
× Members
ESA WRAG
- Luke
- Topic Author
- Offline
Less More
11 years 4 months ago - 11 years 4 months ago #104561 by Luke
ESA WRAG was created by Luke
Hi there, earlier this year I posted about my wife's Contributory ESA coming to an end with no warning, and information only provided afterwards, on closer inspection we realised she had actually been put within the WRAG group but was told face to face she'd be in the support group
needless to say we were advised to submit a GL24 from all sides (this site and CAB) to challenge the decision, the CAB also agreed to support us in this process.
the response we got from JCP was not a good one a generic cover letter effectively saying "you need to fill in this form"
the form we received was income related assessment form, after that response we turned to the CAB who gave my wife the very same form we're lost on how to proceed as seemingly no-one wants to support us in our disagreement with the WRAG decision.
we are out of energy and out of options, any ideas ?
perhaps someone can clarify for me but to my understanding there is no difference in physical state between:
People who are in the support group
People who have been mis-catigorised and are now seemingly forced out of the benefit system
this is extremely distressing for both myself and my wife, and more so frustrating for me as I'm unable to constantly take time from work to attempt to resolve this issue, and my wife struggles to grasp what and why it is happening.
Hopefully someone has a new route for us to go down
needless to say we were advised to submit a GL24 from all sides (this site and CAB) to challenge the decision, the CAB also agreed to support us in this process.
the response we got from JCP was not a good one a generic cover letter effectively saying "you need to fill in this form"
the form we received was income related assessment form, after that response we turned to the CAB who gave my wife the very same form we're lost on how to proceed as seemingly no-one wants to support us in our disagreement with the WRAG decision.
we are out of energy and out of options, any ideas ?
perhaps someone can clarify for me but to my understanding there is no difference in physical state between:
People who are in the support group
People who have been mis-catigorised and are now seemingly forced out of the benefit system
this is extremely distressing for both myself and my wife, and more so frustrating for me as I'm unable to constantly take time from work to attempt to resolve this issue, and my wife struggles to grasp what and why it is happening.
Hopefully someone has a new route for us to go down
Last edit: 11 years 4 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
11 years 4 months ago - 11 years 4 months ago #104566 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA WRAG
Luke
The ESA3 form the you refer to in your post, would not have been issued as a response to your request for an appeal! The DWP would be checking to see whether your wife and you, are eligible to receive Income Related ESA as a replacement for her Contribution Based, if you are then her payments would be re-instated, although the rate might change.
You should check with the DWP as to the progress of your appeal as it is likely to still be in the Reconsideration stage.
There is a very important difference between claimants in the Support Group and those that are not, they have been found to meet one or more of the SG descriptors, which has to be at the heart of any appeal.
Her only other option is to request a Supersession or re-assessment of her claim, however, this will only be successful if she can show that there has been a significant deterioration in her condition(s) or that she has a new one, and as a result of this she now meets the criteria for the SG. She will need to provide new medical evidence that shows the change or new condition and will have to complete a new ESA50 and should expect to have a face to face assessment.
Gordon
The ESA3 form the you refer to in your post, would not have been issued as a response to your request for an appeal! The DWP would be checking to see whether your wife and you, are eligible to receive Income Related ESA as a replacement for her Contribution Based, if you are then her payments would be re-instated, although the rate might change.
You should check with the DWP as to the progress of your appeal as it is likely to still be in the Reconsideration stage.
There is a very important difference between claimants in the Support Group and those that are not, they have been found to meet one or more of the SG descriptors, which has to be at the heart of any appeal.
Her only other option is to request a Supersession or re-assessment of her claim, however, this will only be successful if she can show that there has been a significant deterioration in her condition(s) or that she has a new one, and as a result of this she now meets the criteria for the SG. She will need to provide new medical evidence that shows the change or new condition and will have to complete a new ESA50 and should expect to have a face to face assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 months ago by Gordon.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David