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ANKYLOSING SPONYLITIS RECONSIDERATION

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11 years 5 months ago - 11 years 5 months ago #113809 by Steve Blue
Replied by Steve Blue on topic ANKYLOSING SPONYLITIS RECONSIDERATION
I do follow what you're saying - a little - I think.

Is my question completely invalid? If the courts decide that my dad's 2012 assessment should have put him in the Support Group then he would have been there until his next assessment at least. This next assessment might have placed him in WRAG, but that would then be July onwards - which should surely then extend his benefit til July (ish) 2013 as you're aloud 365 days there?

Sorry, the DWP are running us in circles filled with dead ends :(
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #113813 by Gordon
Replied by Gordon on topic ANKYLOSING SPONYLITIS RECONSIDERATION

Bluebear wrote: I do follow what you're saying - a little - I think.

Is my question completely invalid? If the courts decide that my dad's 2012 assessment should have put him in the Support Group then he would have been there until his next assessment at least. This next assessment might have placed him in WRAG, but that would then be July onwards - which should surely then extend his benefit til July (ish) 2013 as you're aloud 365 days there?

Sorry, the DWP are running us in circles filled with dead ends :(


Forgive me :) I am running out of ways to say to you that it will not be July!

July was the date of the assessment it will not be the date of the Decision nor will it be the date that any theoretical move back to the WRAG takes effect from.

Assuming that your father is placed back into the WRAG then this will occur from the date on the Decision letter notifying him that he has been placed in the WRAG, which will not be July!

Gordon

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

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11 years 5 months ago - 11 years 5 months ago #113814 by Steve Blue
Replied by Steve Blue on topic ANKYLOSING SPONYLITIS RECONSIDERATION
Sorry.

I think I'm following what you're saying more-so.

But if I'm following you correctly it would mean there would be no point in waiting for a hearing relating to the November '12 'decision', let alone actually going to court, as it will change nothing. My dad's benefit will still STOP this week.
Last edit: 11 years 5 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago - 11 years 5 months ago #113815 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic ANKYLOSING SPONYLITIS RECONSIDERATION
This thread is becoming somewhat rather protracted. Although I don't deal with ESA, I'm not sure if there's any further help we can give here in a forum.

Of course I wouldn't dream of locking a post on a topic I don't deal with, so if the moderators who know the answers on ESA are prepared to let it carry on, then that's your choice.

However, this thread only started nine days ago and already runs into 6 pages.

If we as moderators had to spend so much time on all queries be they DLA/PIP, or IB/ESA, we would soon grind to a halt. My personal opinion only and no offence meant to anyone.

We are not, never have been, and never will be an online welfare rights service ( as quoted by Steve Donnison in the past). Detailed advice needs 'face to face' contact with a qualified benefits adviser.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.

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11 years 5 months ago #113816 by Gordon
Replied by Gordon on topic ANKYLOSING SPONYLITIS RECONSIDERATION

Bluebear wrote: Sorry.

I think I'm following what you're saying more-so.

But if I'm following you correctly it would mean there would be no point in waiting for a hearing relating to the November '12 'decision', let alone actually going to court, as it will change nothing. My dad's benefit will still STOP this week.


The only way to get your father's ESA(CB) payments re-instated is if he is placed in the Support Group, there is nothing you can do outside of this that will prevent the payments stopping, other than, as previously posted, seeing whether he is also eligible for Income Related ESA.

The appeal is important for three reasons.

- If he wins it then the clock is reset to zero giving a further 365 days of payment if he is placed in the WRAG by the outstanding Decision.
- He will receive back payments for the difference between the WRAG rate and SG rate.
- Finally the Tribunal Decision can be used as evidence if you need to challenge the outstanding Decision on the claim.

Gordon

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

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11 years 5 months ago #113818 by Steve Blue
Replied by Steve Blue on topic ANKYLOSING SPONYLITIS RECONSIDERATION
I joined this forum as from reviews etc it appeared as though is was very helpful, and it has been so far. Am I using this forum incorrectly? Should I be starting new subjects when the topic of conversation changes slightly?

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