ANKYLOSING SPONYLITIS RECONSIDERATION

Bluebear wrote: I believe the closing date for any evidence for his reconsideration is almost up - 25th November. We are still waiting on a couple of pieces of evidence. If they do not arrive with us prior to this date so are not sent to the DWP in time, can we still use them in the appeal when the tribunal comes around?

If you are allowed to stay in the WRAG group for a max 365 days, and the courts decide in my dad's favor from the decision made in Nov. Wouldn't that follow that he should have been in the Support Group up until his July assessment? Shouldn't that then follow that 365 days start from the decision made in July this year?

Send it in as soon as you get it, the DM may be delayed in making a Decision, if it is not considered as part of the Reconsideration then it can be used in an appeal.

Unfortunately, being paced in the Support Group does not reset the clock, this only happens on a completely new claim.

I notice that in an earlier post we raised the question of whether your father is eligible for Income Related ESA, have you checked whether this is the case or not?

Gordon

Bluebear wrote: He may be eligible, I guess, though I'm sure a member of Citizens Advice advised my mum that because I'm living with them and I work full time, they would get NOTHING. That's seems incorrect to me, but... you never know.

I'm feeling at a loss now to be honest. It would appear that even when the hearing comes around for the decision made in Nov that it won't change anything now, unless I'm misunderstanding. I'm been advised by a friend the judge sets a date for DWP assessments to continue again, as in a year or 18 months. Could this not be the case?

OK, scrub my last post, I've answered so many posts today that I am getting myself confused.

If your father has not previously spent any time in the WRAG, then if he wins the original appeal and is placed in the Support Group, it will be as if the clock had not started, so even if this latest assessment places him in the WRAG again then he will still be entitled to the full 365 days.

If he was in the WRAG before the original Decision then this period will be counted against the 365 days, so it will depend on how long that original period was for as to how long he will have left if any.

Sorry for the confusion.

Your living with them is not in itself reason to prevent a claim for ESA(IR).

Gordon

Bluebear wrote: He was first placed in the WRAG around Nov last year... which is the hearing that we're waiting a date on. Whilst in the WRAG he had another assessment July which kept him in the WRAG which is the decision we're attempting to gain a reconsideration on.

Then if the first appeal places him in the Support Group, he will be entitled to a further 365 days in the WRAG.

Gordon